Solutions in search of problems? Insurance, ELDs, speed limiters on ‘hectic’ FMCSA 2015 calendar
As does American Trucking Assns., OOIDA questions moving forward with a new safety rating system based on CSA and the “well documented” problems with it. (SeeATA’s top concerns on Fleet Owner.) “It’s not just the methodology of CSA,” Bowley said. “You’ve got a system that take into consideration over 750 different regulatory violations and fewer than 20 of those have a connection to crash propensity. We really need to take a good hard look at the body of regulations to determine which have a causal relation to crashes – not just a correlation. That should be the foundation [of the Safety Fitness Determination rule].” One area of federal regulation that OOIDA “very, very much” supports is the development of entry-level driver training standards – an area that has languished at FMCSA for years, despite a mandate from Congress. The agency, however, did initiate a negotiated rulemaking in late 2014, meaning that the drafting and review process would be shortened if a committee of stakeholders can agree on what those standards should include. “At least within some levels of the agency, and certainly across the industry, there’s anxiousness to get moving on this,” Bowley said. “But we need to make sure it’s done in a deliberate manner that assures there’s good input from all sides and we actually get a rule that makes an impact, not just something that lets you check a few boxes and that counts as driver training.” And these are just the items at the top of the list for owner-ops and small fleets to pay attention to. “It’s not going to be a slow year, that’s for sure – but I don’t think there ever are, anymore,” Bowley concludes. “But this one has the potential to be quite hectic.” The complete list of FMCSA regulatory initiatives and publication dates scheduled for 2015, as published in the Dept. of Transportation’s January update, is below. Popular Title: Diabetes Standard Stage: NPRM Original publication date: 11/30/2010 Current Projected Date: 07/03/2015 This rulemaking action would amend FMCSA´s medical qualification standards to allow drivers with insulin-treated diabetes mellitus to operate commercial motor vehicles in interstate commerce, without seeking an exemption from the FMCSRs. Popular Title: Carrier Safety Fitness Determination Stage: NPRM Original publication date: 03/29/2008 Current Projected Date: 06/17/2015 FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to adopt revised methodologies that would result in a safety fitness determination (SFD). Popular Title: CDL Drug and Alcohol Clearinghouse Stage: Final Rule Original publication date: 09/16/2015 Current Projected Date: 10/30/2015 This rulemaking would create a central database for verified positive controlled substances and alcohol test results for commercial driver´s license (CDL) holders and refusals by such drivers to submit to testing.Popular Title: ELDs and HOS supporting documents Stage: Final Rule Original publication date: 09/30/2015 Current Projected Date: 09/30/2015 This rulemaking would establish: (1) minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs.Popular Title: Prohibition of Coercion Stage: Final Rule Original publication date: 09/10/2015 Current Projected Date: 09/10/2015 Section 32911 of MAP-21 amended 49 U.S.C. § 31136(a) to require that regulations governing commercial motor vehicle safety ´ensure ... an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial vehicle in violation of a regulation promulgated under 49 U.S.C. § 31136 or chapters 51 or 313 of title 49, U.S.C.’Popular Title: Heavy Vehicle Speed Limiters Stage: NPRM Original publication date: 03/24/2014 Current Projected Date: 05/07/2015 This joint rulemaking with NHTSA would respond to petitions from ATA and Roadsafe America to require the installation of speed limiting devices on heavy trucks. Popular Title: MAP-21 CDL Requirements Stage: NPRM Original publication date: 05/18/2015 Current Projected Date: 02/25/2016 This rulemaking would grant military veterans an exemption from the domicile requirement, allowing the State they are stationed in to issue them a commercial driver’s license. (Substantially delayed in January 2015 update.)Popular Title: Minimum Levels of Financial Responsibility Stage: ANPRM Publication date: 11/28/2014 End of comment period: 02/26/2015 The FMCSA announces that it is considering a rulemaking to increase the minimum levels of financial responsibility for motor carriers, including liability coverage for bodily injury or property damage in the case of freight and passenger motor carriers, including liability coverage for bodily injury or property damage in the case of freight and passenger motor carriers.