Presentation on theme: "We Have a Highway Bill Moving Ahead for Progress in the 21st Century Knows as MAP-21 Signed into law by President Obama July 7, 2013."— Presentation transcript:
We Have a Highway Bill Moving Ahead for Progress in the 21st Century Knows as MAP-21 Signed into law by President Obama July 7, 2013
We Have a Highway Bill
The 2012 Highway Bill MAP-21 Marked up as 1950 TITLE I—MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012
Subtitle A—Commercial Motor Vehicle Registration SEC REGISTRATION OF MOTOR CARRIERS. 1.Requires applicants to be fit Willing and able to comply with Federal Motor Carrier Safety Rules and Regulations as a pre-determination for registration 2. Applicant must disclosed any relationship involving common ownership, common management, common control, or common familial relationship between that person and any other motor carrier, freight forwarder, or broker, or any other applicant for motor carrier, freight forwarder, or broker registration, if the relationship occurred in the 3 year period preceding the date of the filing of the application for registration;
MAP-21 Subtitle A—Commercial Motor Vehicle Registration SEC REGISTRATION OF MOTOR CARRIERS. 3. May withhold, deny or suspend registration of an application that in the last 3 years was related to a motor carrier that had been found unfit, i.e. via common ownership, management, control or familial relationship. May suspend or revoke registration for failing to disclose this information
Index Subtitle A—Commercial Motor Vehicle Registration SEC REGISTRATION OF MOTOR CARRIERS. 4. Within 18 months will require applicants to pass a proficiency test of applicant’s knowledge of applicable safety regulations, standards, and orders of the Federal government.
Index Subtitle A—Commercial Motor Vehicle Registration SEC REGISTRATION OF MOTOR CARRIERS. 5. Require a registrant, including freight forwarders and brokers to update their registration under this section not later than 30 days after a change in address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.
Index Subtitle A—Commercial Motor Vehicle Registration SEC REGISTRATION OF MOTOR CARRIERS. INCREASED PENALTIES FOR OPERATING WITHOUT REGISTRATION From $500 to $1,000 to $10,000 for each additional violation and $25,000 for the transportation of passengers. Authority to revoke the registration of a motor carrier that has been determined to be an immanent hazard
Subtitle B—Commercial Motor Vehicle Safety Subtitle C—Driver Safety SEC HOURS OF SERVICE STUDY AND ELECTRONIC LOGGING DEVICES Mandates EOBRs Note: Amendment was introduced this week by Rep. Landry, R-La. saying that DOT cannot spend any money in Fiscal Year 2013 on GPS tracking, recording devices or event data recorders.
MAP-21 TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM SUPPLIES.— Exempts these operation from the hours of service regulations within 150 miles if conducted in the planting and harvesting season.
MAP-21 SEC SAFETY FITNESS OF NEW OPERATORS. Requires New Entrant Audits within 12 months rather then the existing 18 month requirement Passenger carriers to undergo a New Entrant Audit within 120 days
MAP-21 SEC REINCARNATED CARRIERS.. Can amend, suspend or revoke a registration for failure to disclose affiliations with motor carriers that have previously been determined to be unfit
MAP-21 SEC REGISTRATION FEE SYSTEM SEC REGISTRATION UPDATE FMCSA can increase the registration fee from $300 Requires update registration within 30 days after a change in the registrant’s address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.
MAP-21 SEC HOURS OF SERVICE STUDY AND ELECTRONIC LOGGING DEVICES. Mandates EOBRs Note: Amendment was introduced this week by Rep. Landry, R-La. saying that DOT cannot spend any money in Fiscal Year 2013 on GPS tracking, recording devices or event data recorders.
MAP-21 SEC DRIVER MEDICAL QUALIFICATIONS Requires all drivers to electronically file a copy of their Medical Examiner’s certificate to their State licensing agency Require a National Medical Examiner’s Register
MAP-21 SEC COMMERCIAL DRIVER’S LICENSE NOTIFICATION SYSTEM DRIVER RECORD NOTIFICATION SYSTEM – a driver record notification system that automatically furnishes an employer with a report, generated by the appropriate agency of a State, on the change in the status of an employee’s driver’s license due to a conviction for a moving violation, a failure to appear, an accident, driver’s license suspension, driver’s license revocation, or any other action taken against the driving privilege.’’.
MAP-21 SEC COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING Within 1 year establish minimum entry-level training requirements for an individual operating a commercial motor vehicle Require trainers to demonstrate that their training meets The minimum requirements of the regulations
MAP-21 SEC EMPLOYER RESPONSIBILITIES.. Amend the regulations by changing knowingly to knows or should reasonably know
MAP-21 SEC PROGRAM TO ASSIST VETERANS TO ACQUIRE COMMERCIAL DRIVER’S LICENSES. Within 90 days ACCELERATED LICENSING PROCEDURES
MAP-21 Subtitle D—Safe Roads Act of 2012 SEC NATIONAL CLEARINGHOUSE FOR CONTROLLED SUBSTANCE AND ALCOHOL TEST RESULTS OF COMMERCIAL MOTOR VEHICLE OPERATORS.
MAP-21 Subtitle E—Enforcement SEC INSPECTION DEMAND AND DISPLAY OF CREDENTIALS. SEC OUT OF SERVICE PENALTY FOR DENIAL OF ACCESS TO RECORDS. SEC PENALTIES FOR VIOLATION OF OPERATION OUT OF SERVICE ORDERS to $25,000 SEC IMPOUNDMENT AND IMMOBILIZATION OF COMMERCIAL MOTOR VEHICLES FOR IMMINENT HAZARD.
MAP-21 Subtitle E—Enforcement SEC INCREASED PENALTIES FOR EVASION OF REGULATIONS up to $7,500 SEC VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE SAFETY REGULATION AND OPERATORS (removing ability to pay from the penalty provisions)
MAP-21 SEPARATE REGISTRATION REQUIRED.—A motor carrier may not broker transportation services unless the motor carrier has registered as a broker under this chapter EXPERIENCE OR TRAINING REQUIREMENTS.—Each broker shall employ, as an officer, an individual who–– ‘‘(1) has at least 3 years of relevant experience; or ‘‘(2) provides the Secretary with satisfactory evidence of the individual’s knowledge of related rules, regulations, and industry practices.’ Renew registration every 5 years Increase financial responsibility from $10,000 to $75,000 Brokers
MAP-21 PART I—MISCELLANEOUS SEC PROHIBITION OF COERCION An operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section
MAP-21 SEC AUTHORIZATION OF APPROPRIATIONS. MCSAP $215,000,000 for fiscal year 2013 FMCSA - $251,000,000 for fiscal year 2013 Total 2013 – $466,000,000