FMCSA / DOT - American Society of Safety Engineers
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Transcript FMCSA / DOT - American Society of Safety Engineers
FMCSA / DOT
Update:
2015 & Beyond
Hours-of-Service
34-hour restart changes
Not really a rulemaking
Involves rolling back restart requirements to pre2013 requirements
o Elimination of the “once in seven days” and two 1
a.m. to 5 a.m. period requirements
Congress forcing enforcement changes, not rule
changes
Final Rules: NRCME
National Registry of Certified Medical
Examiners (NRCME)
Examiners must be certified as of May 21, 2014
Carrier/driver must make sure they are using a
registered examiner as of May 21, 2014
o Note must be added to file after each med exam
Examiner must be using new cards and
reporting all physicals to FMCSA monthly as of
May 21, 2014
NRCME available online: nrcme.fmcsa.dot.gov
Final Rules: CDL/Med Card Merger
Applies to CDL drivers ONLY
All CDL drivers must have “self-certified” and
provided state with copy of appropriate med
card before January 30, 2014
If driver does not provide copy of new
medical card, will be “downgraded”
State process determines what “downgraded”
means and what is necessary to return to
interstate status
Final Rules: CDL/Med Card Merger
Carrier must have copy of MVR with
medical & self-certification status on file by
January 30, 2015
MVR must be obtained annually and
whenever driver obtains a new medical
card, whichever occurs first
CDL drivers may stop carrying paper
medical cards for more than 15 days,
starting January 30, 2015
Final Rules: URS
Unified Registration System (URS)
As of October 2015:
Changes in address, ownership, etc. must be
filed within 30 days of change
$300 fee to obtain new DOT number
MCSA-1 replaces MCS-150, MCS-150B, OP-1
DOT# is sole identifier (MC numbers eliminated)
Private HM and exempt for-hire motor carriers
must file proof of liability insurance with FMCSA
Final Rules: CDL/CLP Changes
Changes to “tank endorsement”
Enough 119-gal.-or-more tanks to total 1,000
gallons of capacity = “tank vehicle”
More changes possible
New restrictions
Fifth-wheeled vehicle
Full air brake
Manual transmission
State compliance by July 8, 2015
Active Proposals
Proposal had been published
Comment periods all closed
Next step is Final Rule
Proposals: DVIRs
Driver vehicle inspection reports (DVIRs)
will no longer be required of truck drivers if
there is no defect to report
Similar to process adopted for IEPs
Does not apply to bus/coach drivers
Due: 12/18/14
Proposals: Anti-Coercion
Proposal clarifies that a driver is not to be
coerced by a motor carrier, shipper, receiver, or
transportation intermediary into violating ANY
safety regulation
Proposal defines coercion and lays out
complaint process
Penalties for violators
Required under MAP-21
Due: 9/2015
Proposals: Electronic Documents
FMCSA formalizing present interpretations
to §390.31 that allow electronic
recordkeeping
Clarifies electronic signature standards
Will allow most required documents to be
kept electronically
Final rule not scheduled
Proposals: E-Logs
Would require use of ELD by any driver
presently completing a log (only exception is
100 and 150 air-mile drivers, however…)
Must automatically capture “dataset” on
startup, shutdown, once per hour, and at all
duty status changes
Dataset + driver entries = complete record of
duty status
Proposals: Clearinghouse
Captures CDL driver drug and alcohol failures and
refusals
RTW and follow-up information captured
Reporting done by MROs, carriers/TPAs, SAPs
Carrier must check at time of hire and then as part
of annual review
MAP-21 requirement
Due: 11/2015
Proposal: Lease/Interchange
“Lease and Interchange of Vehicles;
Motor Carriers of Passengers”
Helps FMCSA ensure that unsafe
passenger carriers cannot evade oversight
Final rule due: 8/2015
Proposals: Driver Training
Entry-level driver training proposal was
officially withdrawn
FMCSA beginning “negotiations” to restart
rulemaking
Required due to court order over previous
rule and MAP-21
Proposals: NRCME Part Two
NRCME
Would require examiners to report on ALL
physicals electronically to FMCSA daily
FMCSA would report passed physicals to
state licensing authorities
New medical forms
MAP-21 requirement
No timeline for final rule
Proposals: Penalty Increases
Civil penalties inflation adjustments
Required by law
Affects penalty schedule in Part 386
See “Penalties” topic
Final rule due: 1/2015
Proposals: Elec. Stability Control
NHTSA rule
Rule would require commercial vehicles to
be equipped with an “ESC”
Would only apply to new vehicles built
after certain date
Due: 1/2015
Poll Question
Would you continue to require a daily posttrip inspection report when there are no
defects, even if it becomes optional?
Yes
No
Not sure
In the Pipeline
Proposals due out in 2015
Would require proposal, comment period,
approval from administration, and final rule
Pipeline: New Entrant Safety
Update to new-entrant procedures
Required due to legal challenge
Could involve “proficiency exam”
MAP-21 requires:
Proficiency test or some similar mechanism
before issuing DOT number
Safety audit within 12 months (rather than 18)
Pipeline: Safety Fitness
“Safety Fitness Determination” rule
“Ratings” would be based on safety data
Would use crashes, inspections,
violations, and investigations
Revamp Part 385
Proposal due: 4/2015
Pipeline: Speed Limiters
Joint FMCSA/NHTSA rule
Rule would require certain heavy vehicles to
be equipped with a “speed limiter” (electronic
governor) to operate in U.S.
Speed would be set by rule
Ontario and Quebec already have such laws
• NPRM delayed two months,
– from April 2015 to June 2015.
Pipeline: Diabetes Standard
Would allow drivers with insulin-treated
diabetes mellitus to operate commercial
motor vehicles in interstate commerce,
without securing a waiver
Certain medical standards would have to
be met to pass physical
Proposal due: 5/2015
Pipeline: Insurance
Increase to insurance minimums
FMCSA revisiting present requirements
No proposal yet
ANPRM issued Nov. 28, 2014
Required under MAP-21
Pipeline: Sleep Apnea
Any changes to standards or guidance must
follow standard rulemaking procedures
Presently, determination of “sleep apnea
candidate status” done by examiner based
on examiner’s judgment
NRCME has led to more activity in this area, but
no proposed or new rules at this time
Pipeline: MAP-21 Requirements
Driving record notification system
(study then propose)
Vehicle crashworthiness study
Size and weight studies
MAP-21 Newsletter
FMCSA Priorities for 2015
Rulemaking
Safety Fitness Determination
Electronic logging devices
Unified registration system
Enforcement
CSA phase III implementation
Roadside inspection modernization
www.wellworkforce.com
Phone: (210) 495-8788
Fax: (210) 495-8212
17325 Bell North Drive
Suite 2 A
Schertz, Texas 78154
[email protected]
Director of Safety
Fit for Work, LLC
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