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Obama Signs Bill Suspending Enforcement of HOS Restart Rules
President Barack Obama signed on December 16 the appropriations bill that halts enforcement of the requirement that a drivers' 34-hour restart include two 1 a.m. to 5 a.m. periods and the once-per-week limit of the restart.
Though the Federal Motor Carrier Safety Administration is required by the law to produce a Federal Register notice to alert drivers, enforcers and other stakeholders of the change, the stay of enforcement is now legally in effect, meaning truck operators no longer have to abide by the restart provisions put in place in July 2013.
Aside from the suspension of the restart provisions, however, the law requires the FMCSA to study the rules' impacts on drivers, carriers and safety. The agency must present a report to Congress concluding the rules boost safety before the restart provisions can go back into effect.
Congress is requiring the report study provide data that determines whether or not the 2013 restart provisions can provide a greater net benefit for the operational, safety, health and fatigue impacts they cause.
To gain the necessary data, the FMCSA will have to study two groups of drivers that are "each large enough to produce statistically significant results, according to the bill. One group will operate under post-2013 restart provisions and the other under pre-2013 restart provisions. The study must be conducted for at least five months with the FMCSA comparing the two groups based on safety critical events -- crashes and over fatigue levels of drivers.
Throughout the entire process the Department of Transportation's Office of the Inspector General must keep tabs on the agency. Only after it addresses any concerns of the OIG -- and if it concludes the restart provisions enhance safety -- would the FMCSA be cleared to enforce the 2013 restart rules again.
Read this full article at www.machineryhaulers.org.
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of Directors
President
Jon Coca
Diamond Transportation System, Inc.
First Vice President
Mike Connell
Bennett Motor Express
Past President
Jim Towery
Steelman Transportation
Clayton Fisk
Warren Transport
Dave Gallano
Gallano Trucking, Inc.
Jeremy Ihle
Ihle Transport, Inc.
Aaron Tennant
Tennant Truck Lines
TMHA Mission Statement
To provide an ongoing forum for education, networking and advocacy for flatbed, step-deck and lowboy (RGN) carriers that specialize in the transportation of machinery and machinery-related commodities throughout the United States and Canada.
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Full Reciprocity Plan Going Into Effect January 1
Carriers going through their 2015 renewal for International Registration Plan (IRP) will start to see a major change to their cab card credentials and renewal capabilities.
Beginning January 1, 2015, IRP will have fully implemented FRP --- Full Reciprocity Plan --- which will grant all apportion plated vehicles registration in all IRP member jurisdictions (the 48 contingent United States and 10 Canadian Provinces).
With this change, carriers renewing their fleets this December and beyond will receive cab cards for all apportion plated vehicles displaying the 58 jurisdictions. This eliminates the carriers' need to indicate which jurisdictions they intend to operate in on an annual basis.
Full Reciprocity Plan will also bring about the following changes:
- Adding jurisdiction supplements will be eliminated
- No more trip permits for apportion plated vehicles
- Ability to consolidate multiple fleets registered by a single carrier
Registration fees will be based on each fleet's actual distance per jurisdiction for the 12-month reporting period used at the time of renewal. Estimated distance will no longer be necessary with the exception of a new carrier fleet registering under IRP for the first time. New carriers without IRP history will pay fees based on the Iowa estimated distance chart for the initial registration year.
For additional details, please explore the Q&A available from IRP at www.irponline.org. |
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Rule for Inspection Reporting Loosened by FMCSA
A requirement that commercial drivers file inspection reports when there are not any vehicle defects or deficiencies has been rescinded by the FMCSA.
The final rule, which will become effective December 18, eliminates a requirement that drivers file a DVIR at the end of each tour of duty, even if there are no vehicle defects to report. According to the U.S. DOT, that incorporates about 95 percent of driver pre- and post-trip inspections.
The rule does not change drivers' obligation to report on the condition of a vehicle, and to report to the motor carrier any defects or deficiencies.
It's also important to note that motor carriers operating in Canada will need to comply with Canadian national, provincial and territorial requirements that require the previous post-trip DVIR.
The FMCSA estimated that truck drivers spent a combined 46.7 million hours each year completing driver vehicle-inspection reports. The U.S. DOT estimates this change will save the trucking industry $1.7 billion annually.
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FMCSA Seeks Input On Raising Minimum Insurance Levels
The FMCSA published an Advance Notice of Proposed Rulemaking on November 28 that it is considering increasing the minimum insurance levels for carriers and brokers for bodily injury and property damage.
Instead of specifying a proposed minimum insurance level, the notice asks carriers and brokers to answer dozens of detailed questions -- such as what they currently pay in premiums; whether rates are determined by driver, credit or safety history; and whether carriers get discounts for a certain number of vehicles in a fleet.
The ANPRM also asks, "What percentage of fleets, based on size and the type of operation of the carrier (passenger, property, hazmat) already have liability coverage that exceed the minimum financial responsibility requirement and by how much."
Currently, for most carriers the minimum coverage requirement is $750,000. Those specializing in hazardous materials must have either $1 million or $5 million, depending on what they haul.
To read more and get guidance for submitting comments, please visit www.machineryhaulers.org.
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Speakers Punctuate TMHA Winter Meeting
With 30-plus people in attendance, the TMHA Winter Meeting was held in great order with the highlight of the event being the three featured speakers.
Dave Rusate (GE Capital), David Yepsen (Paul Simon Public Policy Institute) and Rod Suarez (American Trucking Associations) all had captivating presentations that prompted several questions and drew the requests of their PowerPoints. Rusate and Suarez both spoke about economics. Rusate was more focused on the overall state of the economy and what it meant to trucking while Suarez dove into the economic impact and indicators of the industry's most critical areas of emphasis.
Yepsen was nestled between Rusate and Suarez on the agenda, discussing the political landscape of our country following the 2014 elections and what he projects moving forward from the government.
Prior to the speakers, TMHA members were eased into the event with a welcome reception and dinner on December 3. The meeting itself got started at 8:00 a.m. on December 4 with a general membership update that was followed by a roundtable discussion about the top industry issues currently being experienced. Rusate kicked off the speaker presentations at the conclusion of the roundtable.
If you were unable to make the meeting, please plan to attend the next TMHA meeting that will be held April 8-9 at the O'Hare Marriott in Chicago, Ill. It will be the association's annual meeting, and it's an election year for TMHA so there will be a change in board directors and officers to announce and approve.
More details about the meeting will be released as they become available in early 2015.
Please take a moment to thank the sponsors that supported the TMHA Winter Meeting:
- Comdata --- General Meeting
- GE Capital --- Shuttle Transportation & Welcome Dinner
- Great West Casualty Company --- Welcome Dinner
- Lockton Insurance --- Cocktail Reception
- Quality Trailer Sales --- General Meeting
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Mark Rosekind Confirmed as New Head of NHTSA
By unanimous consent on December 16, the U.S. Senate approved the nomination of Mark Rosekind to become administrator of the National Highway Traffic Safety Administration among a batch of nominees to federal positions.
Rosekind, 59, succeeds David Friedman in his role as acting administrator. A member of the National Transportation Safety Board since 2010, Rosekind is considered an expert on driver fatigue.
Source: Transport Topics
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ATRI Seeking Input on Impacts of Detention Times
The American Transportation Research Institute is looking for input from the trucking industry on the impact of detention time on safety and productivity.
The survey seeks motor carrier input to evaluate the impact shippers and receivers may have on the industry's in these two critical areas. ATRI wants to qualify the impact of detention time on carrier and driver operations. This year, it collected input from more than 600 drivers on the issue.
To participate in the online survey, please visit www.atri-online.org. It will remain open through early January 2015.
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Citing Congressional Concern, FMCSA to Clarify Driver Sleep Apnea Guidance with Medical Examiners
Medical examiners in the FMCSA's National Registry of Certified Medical Examiners will soon be receiving a bulletin from the agency to clarify current federal rules - or lack thereof - regarding screening and testing drivers for sleep apnea.
According to a letter from acting FMCSA Adminstrator Scott Darling to Rep. Larry Bucshon (R-La.) and Rep. Daniel Lipinski (D-Ill.), the bulletin will remind examiners there is no FMCSA guidance regarding apnea testing and will encourage examiners to explain to drivers that referring them to sleep apnea specialists is being done based on their judgment as medical professionals and not from FMCSA regulations.
Darling's letter to Bucshon and Lipinski was sent in response to a letter the two Congressmen sent to him in October. The two Congressmen wrote their letter after hearing that FMCSA-approved medical examiners were not adhering to the 2013 law prohibiting the agency from issuing guidance (in lieu of a formal rule) regarding sleep apnea screening and testing for truck drivers.
Current FMCSA guidelines medical examiners use were issued in October 2000, and it directs examiners to refer drivers to sleep apnea specialists if they detect respiratory dysfunction, like sleep apnea, that could impact a driver's safety.
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The Machinery Haulers Association
717 E. Court Avenue
Des Moines, Iowa
Phone: (515) 244-5193
Fax: (515) 244-2204
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