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Dial-in: 1-888-824-5783, Pass Code: 75154299#; Tech Support: 1-888-259-8414, Webinar ID: 927809635 Legislative and Regulatory Update on Issues Affecting.

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Presentation on theme: "Dial-in: 1-888-824-5783, Pass Code: 75154299#; Tech Support: 1-888-259-8414, Webinar ID: 927809635 Legislative and Regulatory Update on Issues Affecting."— Presentation transcript:

1 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Legislative and Regulatory Update on Issues Affecting Private Fleets This webcast will cover... FMCSA Regulations—HOS, EOBRs, Driver Training, Medical Exams, Texting Ban, Drug and Alcohol Database PHMSA Regulations—Wetlines, Special Permits, Security Plans OSHA Hazcom Standards Truck Weight Pilot Program UCR Fees for 2010, and Question & Answer Presenter Richard P. Schweitzer, counsel to the NPTC and an attorney in Washington, D.C. Attention Attendees: +Thank you for attending! +The presentation will start in a few minutes at 1:00 PM Central. +Please use your computer speakers to listen to the event. If you have audio issues, dial-in info is below. +You will be muted during the event. +Please use the Question feature to text questions to “Q & A”. We’ll try to answer them during the Q&A period if they are not covered in the presentation. +The slides will be posted in 1-2 days and the recording in 7 days at

2 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Richard P. Schweitzer General Counsel National Private Truck Council

3 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Introduction FMCSA Regulations—HOS, EOBRs, Driver Training, Medical Exams, Texting Ban, Drug and Alcohol Database PHMSA Regulations—Wetlines, Special Permits Security Plans OSHA Hazcom Standards Truck Weight Pilot Program UCR Fees for 2010 Housekeeping issues:  You will be muted during the event.  Please use the Question feature to text questions to the Q&A Panelist. We’ll try to answer them during the Q&A period if they are not covered in the presentation.  If you lose sound at any point, you can dial-in by phone using the number and Pass Code listed below.  If you lose the program window and need to re-login be sure to enter a different address to avoid being denied access for multiple logins. Rick Schweitzer National Private Truck Council

4 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Disclaimers The content in this webcast is intended for information purposes only and should not be construed as providing legal advice. This is an introductory session and is intended to highlight critical safety and compliance topics. Time constraints limit our ability to go in depth on any legal, legislative or regulatory issue identified in this session. Rick Schweitzer National Private Truck Council

5 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Hours of Service Regulations After settlement of litigation, FMCSA to revisit 11-hour daily driving limit and 34-hour reset (and maybe more) in new rulemaking Scheduled four listening sessions in January Plan for draft NPRM to go to OMB for review by July 2010; final rule by July 2011 In meantime, all HOS rules remain the same Rick Schweitzer National Private Truck Council

6 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: EOBR Requirements Draft final rule on EOBRs sent to OMB December 15, 2009; final rule planned for publication April 2010 Prior Bush Administration final rule withdrawn from OMB in January 2009; rewritten by Obama Administration Not expected to be full mandate for all carriers; just those with records of non-compliance or serious accidents Rick Schweitzer National Private Truck Council

7 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: HOS Supporting Documents New rulemaking in light of EOBR rule (prior rulemaking withdrawn) NPTC comments requested exemption from supporting documents for carriers using EOBRs NPRM planned to go to OMB in August 2010; ATA has filed lawsuit to compel earlier action Current supporting documents rule remains in effect—no particular documents are required for cross-checks of compliance Rick Schweitzer National Private Truck Council

8 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Entry-Level CMV Driver Training NPRM would require behind-the-wheel and classroom training to operate CMV with a CDL; also sets out curriculum requirements Would apply to both new applicants and drivers who want to upgrade their CDL For Class A, would require 76 hours classroom and 44 hours behind-the-wheel training Final rule planned for July 2010 publication Rick Schweitzer National Private Truck Council

9 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Entry-Level CDL Learner’s Permits This rule would revise CDL knowledge and skills tests and require a learner’s permit for CDL applicants Set out minimum info for CDL learner’s permits, set age limits for LPs, and address domicile issues Would also impose fraud detection and prevention at state DMVs Final rule expected late 2010 Rick Schweitzer National Private Truck Council

10 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: National Registry of Medical Examiners Would establish training, testing and certification standards for medical examiners (self-reporting); intent is to promote uniformity of exams nationwide Create online database of certified medical examiners; carriers could not use driver unless examined by certified examiner Final rule expected July 2010 Rick Schweitzer National Private Truck Council

11 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Driver Pre-Employment Screening In October 2009 FMCSA announced program for carriers to access online driver inspection and crash records before hiring Would need driver’s written permission (condition of employment) Roadside inspection and compliance data will be available Program to begin in mid-2010 Rick Schweitzer National Private Truck Council

12 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Texting Ban, Cell Phone Limits Secretary LaHood announced new rule to ban texting while driving CMVs and also limit any cell phone use by CMV drivers President Obama signed Executive Order imposing these requirements for drivers of all government vehicles New NPRM for CMV drivers expected in February 2010 Rick Schweitzer National Private Truck Council

13 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Drug/Alcohol Test Database New rule would create database for positive drug and alcohol test results for CDL drivers (and refusals to submit to tests) Would require carriers to report positive tests and refusals into the database Prospective employers could query the database (with written permission from driver) regarding applicant’s testing record NPRM expected August 2010 Rick Schweitzer National Private Truck Council

14 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: UCR Fees for 2010 Congress amended UCR statute to count only power units starting in 2010; required recalculation of fees States not enforcing law, not collecting “entitled” amount of fees UCR Board sent recommendation for 122% increase to FMCSA in August 2009 (is this a significant rulemaking?) FMCSA final rule still not to OMB for review Rick Schweitzer National Private Truck Council

15 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: PHMSA Wetlines Rule Would prohibit transportation of flammable liquids in external piping on cargo tank trucks Applicable to new and existing tankers (retrofit rule expected to cost upwards of $8,000 per vehicle, if technology works) PHMSA had previously withdrawn similar rulemaking in 2006, citing no need New NPRM expected July 2010 Rick Schweitzer National Private Truck Council

16 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Special Permit Procedures PHMSA under scrutiny from Congress, DOT IG over closeness to industry Some SPs granted to companies with serious hazmat incidents PHMSA has rewritten procedures for fitness determinations for SP applicants; some require site inspections; modal administrations will advise PHMSA on qualifications Industry requested SP procedures to be set out in rulemaking so we may comment Rick Schweitzer National Private Truck Council

17 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Hazmat Security Plans NPRM to revise security plans to be risk-based published September 2008 Final rule will revise list of materials for which plan is required; limited to those posing significant security risk in transportation Draft final rule sent to OMB on November 24, 2009; publication expected March 2010 Rick Schweitzer National Private Truck Council

18 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: OSHA Hazcom Standards OSHA NPRM published September 30, 2009 to conform hazcom standards with UN System of Classification and Labeling Would affect classes, labeling for many products requiring MSDSs New system of pictograms to be used on packages for worker notification Comment period ended December 29, 2009 Rick Schweitzer National Private Truck Council

19 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Truck Weight Pilot Program DOT appropriations bill allows one-year pilot program in Maine, Vermont for carriers to transport up to 100,000 lbs. GVW on 6 axles on Interstates These weights already allowed on state highways DOT to report to Congress on effect of program on highways, bridges Intent is to include permanent, nationwide weight provision in highway bill in 2011 Rick Schweitzer National Private Truck Council

20 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Question & Answer Please submit questions to “Q&A” using the Q&A tool Richard P. Schweitzer, PLLC 1776 K Street, N.W. Suite 800 Washington, D.C (202) phone (202) fax

21 Dial-in: , Pass Code: #; Tech Support: , Webinar ID: Closing Remarks Checkout the archive of past topics at:  PowerPoint slides up in 1-2 days  Recording up in 1 week Topics for 2010:  February 3 – Comprehensive Safety Analysis Regulatory Changes, Enforcement Measures and More!  June 2 – Enhanced Driver Qualification – Testing, Physicals and Background Checks  August 25 – Fleet Excellence – Customer Service  October 20 – Fleet Excellence – Driver Recruiting & Retention Rick Schweitzer National Private Truck Council


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