Fleets should start HOS Training & Preparation Now

Last week, at the Mid-America Truck Show, FMCSA Administrator Anne Ferro again communicated that FMCSA would not delay the July 1 effective date of its HOS rule until after the D.C. Circuit has ruled on ATA's (and other groups') pending challenges to the new rule. Ferro's latest denial was in response to two separate Congressional letters seeking a reasonable 3-month delay, consistent with ATA's earlier request. This second short-sighted response by FMCSA means that carriers, shippers, and FMCSA-funded State enforcement agencies will need to spend time and money on training and adapting systems to a rule whose final form will not be certain until the court issues its decision. 

While ATA remains hopeful for a favorable Court decision, we encourage ATA member fleets, and the broader trucking industry, to begin preparations for a July 1 implementation date of the new restart and rest break requirements. 

Click the following links for an ATA summary of the Dec. 2011 rules, and a chart comparing these HOS rules with those in existence since 2005. Contact Dave Osiecki at dosiecki@trucking.org.

A few thoughts on driver training - On the Road

A few thoughts on driver training - On the Road - TruckingInfo.com

FOR-HIRE MOTOR CARRIERS ASKED TO PARTICIPATE IN OPERATIONAL COSTS SURVEY

The American Transportation Research Institute (ATRI) today launched a survey to update the 2012 Operational Costs of Trucking report.  The brief on-line survey seeks to capture basic cost information from for-hire carriers such as driver pay, fuel costs, insurance premiums and lease or purchase payments.  Carriers are asked to provide full year 2012 cost per mile and/or cost per hour data.

The results of this survey, combined with the previous Operational Costs of Trucking reports, will yield five full years (2008 – 2012) of trucking cost information derived directly from fleet operations.  This research provides carriers with an important high-level benchmarking tool and government agencies with real world data for future infrastructure improvement analyses.

The operational cost data that for-hire motor carriers provide will be kept strictly confidential.  The survey is available online at www.atri-online.org and results will be available later this year.

Survey Shows Fleet Use of E-logs, CSA Compliance Methods and Costs along with Expansion Plans - News - TruckingInfo.com

Survey Shows Fleet Use of E-logs, CSA Compliance Methods and Costs along with Expansion Plans - News - TruckingInfo.com

The USCIS has issued a new form I-9, required from all employers no later than 5/7/2013

You can find this new form here:  http://www.uscis.gov/files/form/i-9.pdf

Analysis of CMV Roadside Inspections in the US

Summary findings of large truck roadside inspections in the US.

FMCSA's Office of Analysis, Research, and Technology: Report on the Pre-emplyment Screening Program

FMCSA released this report on the effectiveness of the PSP program, which may of our clients use.  More information on PSP is in our September newsletter - available on request. 

Legislators Push FMCSA to Reconsider Hours Deadline Decision - News - TruckingInfo.com

Legislators Push FMCSA to Reconsider Hours Deadline Decision - News - TruckingInfo.com

CSA Update: Spotlight on the Safety Management Cycle for the HOS Compliance BASIC

The Safety Management Cycle (SMC) is a resource for carriers and drivers as well as enforcement to help identify and address the root cause for safety and compliance issues. The Federal Motor Carrier Safety Administration (FMCSA) recently released a series of SMCs tailored to each Behavior Analysis and Safety Improvement Category (BASIC), with the end goal of helping carriers find ways to reduce or eliminate violations by establishing and improving their safety management controls.

The SMC for the Hours-of-Service (HOS) Compliance BASIC provides potential actions carriers can take to improve their HOS compliance. These actions are divided into six key process areas: roles and responsibilities, policies and procedures, qualification and hiring, training and communication, monitoring and tracking, and meaningful action. For example, during the hiring process, a carrier should make sure a driver has the necessary skills for the job, including sufficient planning skills to know when to drive and when to stop, basic mathematical skills to calculate their hours and miles, and good organizational skills to keep each Record of Duty Status up-to-date.

Explore these and other important tips in the SMC for the HOS Compliance BASIC available from the CSA Website’s SMC webpage. Also, make sure you review the Federal Motor Carrier Safety Regulations to ensure you operate in full compliance of all current safety standards.

Thank You,
CSA Web Team
U.S. DOT/Federal Motor Carrier Safety Administration

House Panel Takes on Size and Weight, Logs, HOS - News - TruckingInfo.com

House Panel Takes on Size and Weight, Logs, HOS - News - TruckingInfo.com

EOBR rule is now delayed until September.  

California reefer rule expanded to shippers, receivers

California reefer rule expanded to shippers, receivers

NEW: Family and Medical Leave Act (FMLA) Poster Requirement

All covered employers are required to display and keep displayed a poster prepared by the Department of Labor summarizing the major provisions of The Family and Medical Leave Act (FMLA) and telling employees how to file a complaint. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. A poster must be displayed at all locations even if there are no eligible employees.

A copy of the poster prepared by the Department (WH 1420) is available for your information or for posting in the workplace.

To print a copy please follow these instructions:

1. The file is only available in PDF format. In order to view and/or print PDF documents you must have a PDF viewer (e.g., Adobe® Acrobat® Reader® v5 or later) available on your workstation.
2. Click on the link for the FMLA poster and wait for it to load into the viewer.

TCA Clarifies Positions on Drug Testing, Sleep Disorders, On-Board Technology

TCA Clarifies Positions on Drug Testing, Sleep Disorders, On-Board Technology - News - TruckingInfo.com

FMCSA makes history - shuts down uncooperative carrier: Land Line Magazine

FMCSA makes history - shuts down uncooperative carrier: Land Line Magazine

Do You Have a DQ File? - Article - TruckingInfo.com

Do You Have a DQ File? - Article - TruckingInfo.com

California Air Resources Board - Regulations Changes

CARB has issued numerous changes to their regulations.  CARB stated that they intend to issue fines against carriers, brokers, shippers, and receivers - no matter where they are located.  CARB contends that these regulations apply to any carrier transporting goods on California highways, as well as any entity tendering shipments on California highways. 

These regulations fall into three categories:

1.         Truck and Bus Regulations

2.         Transport Refrigeration Unit Regulations

3.         Greenhouse Gas Regulations

1.  Truck and Bus Regulations:

Particulate matter filters are required on all trucks - the exact deadline depends on the model year of the truck and engine.  

What should you do?  Make certain your trucks operating in the state meet the above requirements - inspectors are actively checking.  If you are running LoadTrek - set up a "California Compliant" equipment group. 

2.  Transport Refrigeration Unit (TRU) Regulation:

TRU regulations were effective January 1, 2013 and apply to brokers, forwarders, shippers, receivers, drivers, and carriers.  CARB has tested and certified each reefer unit that is compliant with their new regulations.  You can check your reefer units' compliance with CARB regulations at the CARB web site.

Drivers are required to provide any California law enforcement officer with complete information on the shipper, receiver, and carrier upon demand.  Shippers, receivers, and carriers are required to dispatch only compliant reefer equipment within the state.

How can you as a carrier comply?  Check your reefers and dispatch only CARB-compliant reefers to the state.  If you are running LoadTrek, use the "California Compliant" equipment group.  We are watching some exciting developments in alternative-fueled reefers.  We will keep you posted as the technology is ready for public release. 

3.  Greenhouse Gas Regulations:

Owners of 53 foot or longer box type trailers, and the owners of the trucks that pull these trailers, must use SmartWay verified low rolling resistance tires.  However, this applies only if the engine in the tractor pulling the trailer is model year 2010 or older.  You are allowed to run non-low rolling resistance tires until the end of their useful life or January 1, 2015 - whichever comes first. 

Because SmartWay-compliant tires are commonplace, you may wish to consider equipping your entire on-road fleet with these tires.

Skirmish Continues Over HOS Start Date - News - TruckingInfo.com

Skirmish Continues Over HOS Start Date - News - TruckingInfo.com

What’s Going on with Hours of Service?

We are getting that question a lot.  First, look at the changes in the new Hours of Service Rule that will become effective July 1, 2013 here:  http://www.fmcsa.dot.gov/documents/hos/HOS_Compare_new_rule_to_current.pdf  

On March 15, the three-judge US Court of Appeals for the District of Columbia will hear two opposing lawsuits regarding this rule.  On one side is the American Trucking Association.  The ATA argues that several provisions of this regulation will harm productivity, with no evidence it will improve safety. 

On the other side is a coalition of the Teamsters, Public Citizen, and CRASH.  They will argue that the driving time allowed should be lowered to 10 hours per day, and that there is a loophole in the 34 hour restart provision. 

The CVSA and the ATA have asked the Agency postpone the ruling until 3 months after the DC Court of Appeals ruling is issued.  On February 26, the Agency wrote a letter to the ATA - stating that the ATA did not demonstrate good cause to delay implementation of the rule. 

As a fleet operator – what should you do?  It seems the prudent course of action is to begin training drivers on the new rule as it stands now.  If the court changes the new rule, then you’ll need to train drivers again.  One of the best resources is the FMCSA’s web site - http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm. 

We will keep you posted on changes as they happen – keep checking our blog and sign up for our free newsletter.  

Agency tells ATA hours compliance date will not be delayed - from CCJ

The Federal Motor Carrier Safety Administration has denied the American Trucking Associations’ request to postpone the compliance date for hours-of-service rule slated to be implemented July 1. ATA’s letter, from president Bill Graves, asked for the compliance date to be pushed to three months after a ruling is made in an ongoing court case between ATA and FMCSA over the rule.

In FMCSA’s response Chief Counsel Scott Darling says the agency does not “believe [ATA] demonstrated good cause to delay the compliance date of the rule” and that “mere uncertainty over the possible outcome of the litigation” did not constitute a situation in which the industry would “suffer harm” due to confusion or time lost to training.

The rule is set to go into effect July 1, and ATA is scheduled to present oral arguments against it March 15 in front of a three-judge panel in a District of Columbia appeals court. Graves said in his letter that delaying the effective date would avoid unnecessary training.

Darling says in the letter ATA’s request is more or less a request for a stay, and that Graves’ letter did not outline sufficient criteria to be granted a stay. 

Dave Osiecki, ATA’s senior VP of policy and regulatory affairs, responded to the agency’s letters, saying ATA is disappointed about the denial of the group’s request and that carriers, shippers and enforcement agencies will “have to spend time and money on training and adapting systems to a rule whose final form will not be certain until the cour tissues its decisions.”

Osiecki says that because the court date is scheduled for March 15, any delay would have likely been short, and that the Commercial Vehicle Safety Alliance, the National Industrial Transportation League and the National Association of Manufacturers all would benefit from getting a full three months after the court decision to prepare for the changes. 

Here’s the bulk of Osiecki’s statement: 

FMCSA’s denial acknowledged that the relevant question should be whether there is “good cause” for delay.  But the agency didn’t address whether avoiding confusion and waste of carrier, shipper, and Federal and State enforcement (taxpayer) dollars amounted to “good cause”.  Instead, it applied an irrelevant legal standard a court would apply if a party asked the court to order the agency to forbear—a far higher standard.  ATA went to FMCSA, rather than straight to the court, because we gave the agency the benefit of the doubt that it would treat our reasonable request in good faith. Their decision to apply irrelevant standards makes it clear that FMCSA isn’t interested in giving a fair hearing to the industry’s reasonable requests.