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
Disclaimer
Due to the constantly changing nature of government regulations, it is
impossible to guarantee the total and absolute accuracy of the material
contained herein or presented.
Fit for Work, LLC cannot and does not assume any responsibility for
omissions, errors, misprinting or ambiguity contained. Fit for Work,
LLC shall not be held liable in any degree for any loss, damage or
injury caused by any such omission, error misprinting or ambiguity
present. It is made available with the understanding that Fit for Work,
LLC is not engaged in rendering legal, accounting or other professional
service. If legal advice or other expert service is required, the services
of such a professional should be sought.