Transcript Hausenfluke-Spring-Special

A Penske Truck Leasing Safety Department Presentation
Management Safety Seminar
Place Of Meeting
Address Of Meeting
City, State
Day, Month, Date, Year
Our Topic Today
FMCSA Regulatory Update
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Page 2
The Regulatory Engine Is In Overdrive
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Page 3
Why?
► Change In Executive Leadership In 2008
► Multiple Rulemakings Have All Finally Matured
► Ongoing Congressional & Popular Mandate To Further Reduce
Highway Fatalities
► The NTSB Has Been Very Critical Of The FMCSA
► Commercial Motor Vehicle Safety Act (July 2012)
Failure to Maintain A DOT Medical Certification Will
Have Much More Severe Consequences.
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Page 4
You Have To Be Involved!
The Motor Carrier Safety Act Of 2012 Requires The FMCSA
To Act On 29 Different Safety Regulatory Initiatives
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Page 5
In Case You Missed Them
2012 Changes
FMCSR 392.82
Hand Held Cell Phone Ban 1/3/2012
► No Driver Shall Use A Hand-held Mobile Telephone While Driving
A CMV.
► This Includes Use Of A Hand-held Mobile Telephone For GPS
Info.
► 10 Point CSA Violation
► $2,750 Max Civil Fine For Drivers
► $11,000 Max Civil Fine For Company’s That Allow/ Condone
Hand Held Cell Phone Use
► Hands-free Use Of A Mobile Telephone Is Allowed Using Either A
Wired Or Wireless Earpiece, Or The Speakerphone Function Of
The Mobile Telephone.
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Page 7
► Fact Hands-Free Phones Are No Safer Than Handheld Phones.
► Any PDA/Cell Phone/Use Is A Distraction That Detracts From The Brain’s
Ability To Focus On Safe Driving.
► Driving While Using A Cell Phone Reduces The Amount Of Brain Activity
Associated With Driving By 37 Percent (Carnegie Mellon)
► Distraction From Cell Phone Use While Driving (Hand Held Or Hands Free)
Extends A Driver's Reaction As Much As Having A Blood Alcohol
Concentration At The Legal Limit Of .08 Percent. (University Of Utah)
► The No.1 Source Of Driver Inattention Is Use Of A Wireless Device. (Virginia
Tech/NHTSA)
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Page 8
The Pace Of Violations Is Speeding Up
► January 2013 Cell Phone Fines Assessed
$1,614,250
► April 2013 Cell Phone Fines Assessed
$4,081,000
► August 2013 Cell Phone Fines Assessed
$6,688,000
► December 2013 Cell Phone Fines Assessed
$10,070,500
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Page 9
Some Thoughts To Consider
► Vague And Ambiguous Fleet And Driver Safety Policies Will Hurt
You More Than They Will Help You.
► The Best Fleet And Driver Safety Policies Grow With Your
Experiences, Good And Bad.
► Having A Comprehensive Cell Phone Use Policy Is Must.
► Teaching Drivers The Dangers Of Distracted Driving Is Also A
Must.
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Page 10
Hours of Service Definition Change
Effective 2/27/2012
(1) The Definition Of “On Duty” Time Has Changed.
Under The Old Rule, “On Duty” Time Included Any Time In A Commercial Motor
Vehicle, Except In The Sleeper Berth.
Under The New Rule, “On Duty” Time Will Not Include Any Time Spent Resting In
A Parked Commercial Motor Vehicle.
This Time Will Not Stop Or Extend The 14 Hour Clock.
(2) A New Definition And New Penalties For Violations Of HOS Requirements Have
Been Added.
Under The Old Rule, “Egregious Violations” Were Not Defined.
Under The New Rule, 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.
Therefore, Trucking Companies 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.
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Page 11
The DOT Medical Certificate
► Required For Interstate & Intrastate Commerce.
► Up To The DRIVER To Get And Maintain.
► Drivers Should Know The Expiration Date Of Their Medical Card.
► They May Not Legally Operate A CMV Without Having This
Certificate On Their Person.
► No Good If It Has EXPIRED.
The DOT Is Cracking Down On Medical Card Issues
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Page 12
Change in CVSA Out Of Service Criteria
April 2012
Two Of The Most Frequent Roadside Inspection Violations
Involve DOT Medical Certificates
-Expired DOT Medical Certificate
-Failure to Possess A DOT Medical Certificate
As Of 4/1/2012, On The Second Time A Driver Is Caught With Either
Of The Above Violations, The Driver Will Be Placed Out Of Service
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Page 13
December 2012
Changes In CSA Terminology & Methods
1. Improved The Vehicle Maintenance BASIC By Incorporating
Cargo/Load Securement Violations From The Cargo-Related
BASIC
► Moving Cargo/Load Securement Violations Into The Vehicle
Maintenance BASIC Will Provide Important Benefits.
► It Will Identify Motor Carriers With A Higher Future Crash Risk
For FMCSA Interventions.
► Also, Including The Load Securement Violations In The New
Vehicle Maintenance BASIC Will Remove The Bias In The
Current Cargo-related BASIC That Has Resulted In Identifying A
Disproportionately Large Number Of Carriers That Haul Open
Trailers (E.G., Flatbeds) For Interventions.
► The New Vehicle Maintenance Basic Will Better Identify Safety
Issues Across All Types Of Carrier Operations.
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Page 14
December 2012
Changes In CSA Terminology & Methods
2. Changing The Cargo-related BASIC To The HM Compliance
BASIC To Better Identify HM-related Safety And Compliance
Problems
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Page 15
December 2012
Changes In CSA Terminology & Methods
3. Modifying The SMS Display
► FMCSA Is Responding To Feedback From Enforcement And Industry To
Change How Fatalities And Injuries Caused By Crashes Are Presented
In SMS, And To Stakeholder Requests For More Specific Terminology In
The BASIC’s. In The Package Of Enhancements Being Previewed, The
SMS Display Has Been Modified To:
► Change Current Terminology, “Inconclusive” And “Insufficient Data,”
To Fact-based Descriptions. Fact-based Descriptions Are Easier For
Stakeholders To Understand And Interpret And Will Enable Them To
Take More Effective And Targeted Actions To Improve Safety.
► Separate Crashes With Injuries From Crashes With Fatalities. This
Eliminates A Potentially Misleading Interpretation That A Carrier Has
More Fatalities Than It Actually Does.
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Page 16
December 2012
Changes In CSA Terminology & Methods
In Addition, Four Additional Changes Have Been
Identified And implemented.
1. Removing 1 To 5 MPH Speeding Violations
► FMCSA Has Aligned Speeding Violations To Be
Consistent With Current Speedometer Regulations (49
CFR 393.82) That Require Speedometers To Be
Accurate Within 5 MPH.
► Applies To The Prior 24 Months Of Data Used By SMS
And All SMS Data Moving Forward.
► However, Any Speeding Violation Can Still Trigger A
Roadside Inspection.
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Page 17
December 2012
Changes In CSA Terminology & Methods
2. Lowering The Severity Weight For Speeding
Violations That Do Not Designate MPH Range Above
The Speed Limit.
► The Severity Weight Will Be Lowered To 1 For These
Violations.
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Page 18
December 2012
Changes In CSA Terminology & Methods
3. Aligning paper and electronic logbook violations
► FMCSA will equally weight paper and electronic
logbook violations in SMS for consistency purposes.
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Page 19
December 2012
Changes In CSA Terminology & Methods
4. Change The Name Of The Fatigued Driving (Hours-ofservice (HOS)) BASIC To The HOS Compliance BASIC
► This BASIC Continues To Have A Strong Association
With Future Crash Risk.
► This Action Is Being Taken To Reflect That The BASIC
Includes Hours Of Service Recordkeeping
Requirements That, By Themselves, Do Not
Necessarily Indicate Fatigued Driving Or Driving In
Excess Of Allowable Hours.
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Page 20
Future Changes To CSA Terminology &
Methods
► Updating The CSA Database To Include Adjudications That Find
The Driver And Their Company Not Responsible, Not Guilty, Or
If The Violation Is Unfounded.
► Updating The CSA Database To Exclude From The Crash BASIC
Those DOT Recordable Accidents For Which The Driver Is Not At
Fault.
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Page 21
The Year Just Passed
2013 Changes
FMCSA Announces Steps to Reduce GPSCaused Bridge Strikes March 2013
► The FMCSA Will Begin Issuing Official Recommendations To
Members Of The Commercial Trucking Industry On The Proper
Uses Of Global Positioning System Navigation Devices And
Incorporate GPS Training Into New Entry-level Certification
Programs For Commercial Motor Vehicle Operators.
► This Means That Commercial Drivers Will Be Trained, And
Reminded, To Only Use GPS Systems Designed Specifically For
The Industry.
► These Specialized Units Take Into Account The Specifics Of The
Truck They're In, Including The Height, Weight And Contents,
And Will Then Route The Trucks Onto Appropriate Roads.
► The Consumer GPS Units Too Often Being Used Are Frequently
Routing Trucks Onto Inappropriate Roads, Causing Them To
Crash Into Low Overpasses And Bridges.
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Page 23
Hours of Service Change
Effective 7/1/2013
(1) The New HOS Rule Limits The Use Of The 34 Hour Restart.
(A) The 34 Hour Re-start Provision Can Only Be Used Once A Week.
In Other Words, Every 168 Hours.
(B) Must Include Two Periods Between 1 AM And 5 AM Home Terminal
Time.
In Instances Where The Driver Has Multiple 34 Hour Resets In One
Week, The Driver Must Designate Which Of The Periods Will Be Used
For The Beginning Of The 168 Hour Period.
Violations Of The New 34 Hour Restart Rule Are
7 Point CSA Severity Point Assessments
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Page 24
Hours of Service Change
Effective 7/1/2013
(2) The New Rule Requires Rest Breaks
A Driver May Drive Only If 8 Hours Or Less Have Passed Since End Of
Driver’s Last Off-Duty Period Of At Least 30 Minutes.
This rule does not apply to:
All drivers (CDL and non-CDL) that operate within 100 air-miles of their
normal work reporting location and satisfy the time limitations and
recordkeeping requirements of 395.1(e)(1).
Non-CDL drivers that operate within a 150 air-mile radius of the location
where the driver reports for duty and satisfy the time limitations and
recordkeeping requirements of 395.1(e)(2).
Violations Of The New 34 Hour Restart Rule Are
7 Point CSA Severity Point Assessments
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Page 26
This Is the End
Dateline August 2nd, 2013
According The US District Court Of Appeals Written Decision,
“With one small exception, our decision today brings to an end
much of the permanent warfare surrounding the HOS rules.
Though FMCSA won the day not on the strengths of its
rulemaking prowess, but through an artless war of attrition, the
controversies of this round are ended.”
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Page 27
Do You Know This Man?
U.S. Representative Richard Hanna (R) - 22nd NY District
(Binghamton, Rome, Utica )
H.R. 3413: TRUE Safety Act
This Bill Would Require A Study And Report By The
Comptroller General Regarding The Restart Provision Of
The Hours Of Service Rules For Commercial Truck
Drivers, And For Other Purposes.
While This Study Is Being Conducted, The 7/1/2013
Hours Of Service Changes Would Be Placed On Hold.
33% Chance Of Getting Past Committee.
8% Chance Of Being Enacted.
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Page 28
MCS-150 Changing To MCSA-1

Replaces The Current MCS-150 And OP-1 Forms. The Form MCSA-1 Must Be
Submitted Electronically.

Carriers That Currently Have A USDOT Number Do Not Have To File The MCSA-1
Until They Are Required To Update Their Information.

A Motor Carrier That Fails To Update Their Form MCSA-1 Information Every Two
Years Will Be Subject To Deactivation Of Their USDOT Number.

THIS PROVISION IS EFFECTIVE AND COMPLIANCE IS REQUIRED ON NOVEMBER
1, 2013.

Beginning November 1, 2013, The FMCSA Will Issue A Warning Letter 30 Days In
Advance Of A Biennial Update Deadline To Notify The Entity That Its USDOT
Number Will Be Deactivated If It Fails To Comply With The Biennial Update
Requirement.

Only After An Entity Has Failed To Heed That Warning Will The Agency Begin
Deactivating USDOT Registrations.
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Page 29
Deactivation Dates
Update Required In Month Of:
 January
 February
 March
 April
 May
 June
 July
 August
 September
 October
Deactivation Date
 March 2014
 April 2014
 May 2014
 June 2014
 July 2014
 August 2014
 September 2014
 October 2014
 November 2014
 December 2014
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Page 30
The Year Present
2014 Changes
Food Safety Modernization Act
1/31/2014
► Not A DOT Issue But an FDA Initiative.
The Rule Will Cover
► Vehicles And Transportation Equipment: The Design And
Maintenance Of Vehicles And Transportation Equipment To Ensure
That It Does Not Cause The Food That It Transports To Become
Contaminated.
► Transportation Operations: The Measures Taken During
Transportation To Ensure Food Is Not Contaminated, Such As
Adequate Temperature Controls And Separation Of Food From Nonfood Items In The Same Load.
► Training: Training Of Carrier Personnel In Sanitary Transportation
Practices And Documentation Of The Training.
► Records: Maintenance Of Written Procedures And Records By
Carriers And Shippers Related To Transportation Equipment
Cleaning, Prior Cargos, And Temperature Control.
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Page 32
Patterns of Safety Violations by Motor
Carrier Management
► Effective 2/21/2014
► Allows The FMCSA To Suspend Or
Revoke The Operating Authority
Registration Of For-Hire Motor
Carriers That Show Egregious
Disregard For Safety Compliance,
Permit Persons Who Have Shown
Egregious Disregard For Safety
Compliance To Exercise Controlling
Influence Over Their Operations, Or
Operate Multiple Entities Under
Common Control To Conceal
Noncompliance With Safety
Regulations
► The Rule Also Puts The Onus On
Motor Carriers To Hire Quality People
In Positions Of Control Over Safety
Operations
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Page 33
Med Card / CDL Merge
Data Collection Ended 1/30/2014
Affects Only Drivers With CDL’s
What Has Changed?
A CDL Driver’s Medical Card Status Is Now Linked To Their CDL
Record (aka CDLIS)
Medical Card Expirations Will Be Electronically Monitored.
Essentially, A Driver’s CDL Will Be Valid As Long As The Driver’s
Medical Card Is Valid
What Should Driver Have Already Done?
Reported To Their State Driver Licensing Agency (SDLA) Their
Medical Card Status.
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Page 34
What Would Happen If A CDL Holder Does Not
Keep Their Medical Card Current?
Their CDL Will Be Downgraded.
States Do Have “Grace” Periods, But Using Them Should Be A Last
Resort.
Until There Is A Different Rulemaking (I.E. Registry II), The CDL Holder Is
Responsible For Getting Their New Recertification's To Their State
DMV/RMV BEFORE Their Current Medical Card Expires.
Drivers Should Plan On Renewing Their Medical Card At Least One To
Two Months In Advance.
Why?
-States Need Time To Enter The Information Into The Appropriate
Databases.
-Time May Be Needed To Address Medical Issues Found During A
Recert Examination.
-When Registry I Takes Effect, The Number Of Available Appointment
Slots Will Be Dramatically Reduced
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Page 35
What Should Driver Managers Do?
Invite Yourself To The Party.
The Merge Is A Transaction Between The DMV/ RMV And Your
Driver
Employers Have No Visibility.
The Only Way To Know If A Driver Has Completed The Merge
Would Be To Verify It Via Their MVR.
Depending On The State, Drivers Can Verify That Their Own
Information Has Been Received By DMV/ RMV.
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Page 36
National Registry I
(National Registry of Certified Medical Examiners)
The National Registry of Certified Medical Examiners (National Registry) is a new
Federal Motor Carrier Safety Administration (FMCSA) program.
It requires all medical examiners (MEs) who wish to perform physical
examinations for commercial motor vehicle (CMV) drivers to be trained and
certified in FMCSA physical qualification standards.
Medical examiners who have completed the training and successfully passed the
test will be included in an online directory on the National Registry website.
Under the rule, applicants who wish to be certified as a medical examiner must
register through the National Registry website. They’ll then train to pass a
certification test required by the Federal Motor Carrier Safety Administration.
Medical certificates issued before May 21, 2014, are valid until the
expiration date.
Medical examiners that don’t meet or maintain the rule’s minimum
standards would be removed from the National Registry.
Copyright © 2012 Penske. All Rights Reserved.
Page 37
Troubles On The Horizon?
► Eileen M. Papp Is The FMCSA’s Chief Of Medical Programs
► As Of 3/21/2014:
► There Were 9,505 Medical Professionals Registered In The
NRCME.
► Another 30,000 Had Signed Up For Training
► The FMCSA Estimates There Will A Need For 40,000 Registered
NRCME Professionals By May 2014.
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Page 38
Where To Find Certified Medical Examiners
► www.nationalregistry.fmcsa.dot.gov
► As Of 3/28/2014, There Were 704 Certified Medical Examiners In
Texas.
► Finding Certified Medical Examiners In Urban Areas Should Be
No Problem.
► Finding Certified Medical Examiners In Rural Areas Likely Will Be
A Problem.
► The Reduction In Available Certified Medical Examiners Likely
Will Make Getting An Appointment Harder.
► The Reduction In Available Certified Medical Examiners Will
Likely Force You To Make Med Re-cert Appointments Earlier.
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Page 39
National Registry II
(Reporting The Results Of Medical Examinations)
ETA Sometime In 2017
The Proposal Would Require All Medical Examiners Who Perform
DOT Physical Examinations To:
Electronically Report The Results Of The Medical Examination To
The State Licensing Agency And The FMCSA.
Under The Proposed Rule, This Reporting Would Be Done The
Same Day Of The Examination.
Copyright © 2012 Penske. All Rights Reserved.
Page 40
Just Announced!
DOT Drug Test Result Database
► The NTSB Has Identified That The FMCSA Is Doing A Lousy Job
Keeping Drivers With Positive DOT Testing Results Off The Road
Until They Have Been Re Habbed.
► Currently, A Positive Test Result Is Not Tracked By Any Central
Agency.
► This Rule Would Create A Central Database For Verified Positive
Drug And Alcohol Test Results For CDL Holders.
► In Addition, It Would Include The Names Of Drivers Who Have
Refused To Submit To Testing.
► The Rule Will Require Carriers To Report Positive Test Results
And Refusals To The Database.
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Page 41
The FMCSA And Medical Marijuana
The FMCSA Has Declared That
Medical Marijuana Is A Medically Disqualifying Medication
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Page 42
The FMCSA And CHANTIX
The FMCSA Has Declared That
CHANTIX Is A Medically Disqualifying Medication
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Page 43
Just Announced!
Electronic Logging Device Rule
► The NTSB Has Identified That The FMCSA Is Doing A Lousy Job
Keeping Fatigued Drivers Off The Road.
► This Rule Would Establish:
► Minimum Performance Standards For Electronic Logging
Devices (ELD’s)
► Requirements For The Mandatory Use Of The Devices By Drivers
Required To Prepare Handwritten Records Of Duty Status
(ROD’s)
► Requirements Concerning HOS Supporting Documents; And
► Measures To Ensure That The Mandatory Use Of ELD’s Will Not
Result In Harassment Of Drivers By Motor Carriers And
Enforcement Officials.
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Page 44
Universal Fine Assessment Formula
Updated September 2013
► The FMCSA Has Updated The UFA Formula
► The New UFA 4.0 Software Will Be Used To Calculate Penalties
Based On Investigations That Are Initiated On Or After August
12, 2013.
► Fines Will Be Substantially Increased.
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Page 45
The Remainder Of 2014
What To Watch Out For
Watch For:
Driver Training Notice Of Rulemaking
► This Would Apply To Anyone Seeking To Get A New CDL
► Establish Minimum Training Requirements For New CDL Drivers
► Expected To Require Classroom AND Over The Road Training
► When Implemented, Getting A CDL Would Be Much More Difficult
and Expensive.
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Page 47
Watch For:
Sleep Apnea Notice of Rulemaking
► This Would Require The FMCSA To Go Through The Rulemaking
Process In Order To Implement Sleep Apnea Diagnosis
Standards.
► By Comparison, The FAA Recently Implemented Rules Without
Stakeholder Input
► Your BMI Measurements Will Be Key
► Generally Speaking, Drivers With BMI Over 35 Tend To Be More
Prone To Symptoms Of Sleep Apnea
► Final Implementation Of Any Rule Is Not Expected For Several
Years.
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Page 48
Watch For:
MAP 21 Expires 9/30/2014
► A New Highway Bill Will Be Litigated
29 Safety Initiatives Came Out Of The Last Highway Bill
Who Knows What Will Happen Next?
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Page 49
Time To
Close Out
Your Notes
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Page 50
Penske Truck Leasing’s
Safety Department
would like to say
Thank You
For Your Time And Business.
Questions or comments?
[email protected]
214-819-1716