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FMCSA / DOT Update: 2015 & Beyond Hours-of-Service  34-hour restart changes 34-hour restart changes  Not really a rulemaking  Involves rolling back.

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Presentation on theme: "FMCSA / DOT Update: 2015 & Beyond Hours-of-Service  34-hour restart changes 34-hour restart changes  Not really a rulemaking  Involves rolling back."— Presentation transcript:

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2 FMCSA / DOT Update: 2015 & Beyond

3 Hours-of-Service  34-hour restart changes 34-hour restart changes  Not really a rulemaking  Involves rolling back restart requirements to pre requirements o Elimination of the “once in seven days” and two 1 a.m. to 5 a.m. period requirements 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

4 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

5 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

6 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

7 Final Rules: URS  Unified Registration System (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

8 Final Rules: CDL/CLP Changes  Changes to “tank endorsement” Changes to “tank endorsement”  Enough 119-gal.-or-more tanks to total 1,000 gallons of capacity = “tank vehicle”  More changes possible  New restrictions New restrictions  Fifth-wheeled vehicle  Full air brake  Manual transmission  State compliance by July 8, 2015

9 Active Proposals  Proposal had been published  Comment periods all closed  Next step is Final Rule

10 Proposals: DVIRs  Driver vehicle inspection reports (DVIRs) will no longer be required of truck drivers if there is no defect to report Driver vehicle inspection reports (DVIRs)  Similar to process adopted for IEPs  Does not apply to bus/coach drivers  Due: 12/18/14

11 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 clarifies  Proposal defines coercion and lays out complaint process  Penalties for violators  Required under MAP-21  Due: 9/2015

12 Proposals: Electronic Documents  FMCSA formalizing present interpretations to § that allow electronic recordkeeping  Clarifies electronic signature standards  Will allow most required documents to be kept electronically  Final rule not scheduled Final rule not scheduled

13 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…)ELD  Must automatically capture “dataset” on startup, shutdown, once per hour, and at all duty status changes  Dataset + driver entries = complete record of duty status

14 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

15 Proposal: Lease/Interchange  “Lease and Interchange of Vehicles; “Lease and Interchange of Vehicles;  Motor Carriers of Passengers”  Helps FMCSA ensure that unsafe passenger carriers cannot evade oversight  Final rule due: 8/2015

16 Proposals: Driver Training  Entry-level driver training proposal was officially withdrawn Entry-level driver training  FMCSA beginning “negotiations” to restart rulemaking  Required due to court order over previous rule and MAP-21

17 Proposals: NRCME Part Two  NRCME 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

18 Proposals: Penalty Increases  Civil penalties inflation adjustments  Required by law  Affects penalty schedule in Part 386  See “Penalties” topic See “Penalties” topic  Final rule due: 1/2015

19 Proposals: Elec. Stability Control  NHTSA rule 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

20 Poll Question Would you continue to require a daily post- trip inspection report when there are no defects, even if it becomes optional?  Yes  No  Not sure

21 In the Pipeline  Proposals due out in 2015  Would require proposal, comment period, approval from administration, and final rule

22 Pipeline: New Entrant Safety  Update to new-entrant procedures 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)

23 Pipeline: Safety Fitness  “Safety Fitness Determination” rule “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

24 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.

25 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

26 Pipeline: Insurance  Increase to insurance minimums  FMCSA revisiting present requirements FMCSA revisiting present requirements  No proposal yet  ANPRM issued Nov. 28, 2014  Required under MAP-21

27 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 NRCME has led to more activity in this area, but no proposed or new rules at this time

28 Pipeline: MAP-21 Requirements  Driving record notification system  (study then propose)  Vehicle crashworthiness study  Size and weight studies  MAP-21 Newsletter MAP-21 Newsletter

29 FMCSA Priorities for 2015  Rulemaking  Safety Fitness Determination  Electronic logging devices  Unified registration system  Enforcement  CSA phase III implementation  Roadside inspection modernization

30 Phone: (210) Fax: (210) Bell North Drive Suite 2 A Schertz, Texas Director of Safety Fit for Work, LLC

31 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.


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