Tag: #Commercialmotorvehicle

FMCSA asks for more input on automated driving systems for trucks and buses

Posted on by McCraren Compliance

Original article published by Safety+Health

Photo: FMCSA

Washington — The Federal Motor Carrier Safety Administration is moving forward – and seeking feedback – on a proposed rule that would amend, revise or eliminate existing regulations to integrate commercial trucks and buses equipped with automated driving systems.

A supplemental advance notice of proposed rulemaking published in the Feb. 1 Federal Register requests additional information as the agency aims to expand on a May 2019 ANPRM focused on ADS-equipped vehicles.

In its Fall 2022 Unified Regulatory Agenda, FMCSA had indicated its intention to publish in January a notice of proposed rulemaking on the vehicles.

“FMCSA invites comment on additional questions and those issued in the previous ANPRM to help FMCSA assess benefits, costs and other impacts of any potential proposal issued later,” the SANPRM states.

Those additional questions include:

  • Should FMCSA require motor carriers operating Level 4 or 5 ADS-equipped commercial motor vehicles to notify the agency before operating those vehicles in interstate commerce without a human driver behind the wheel?
  • Before operating in interstate commerce, should motor carriers be required to submit information, data, documentation, or other evidence that demonstrates to FMCSA that motor carriers seeking to operate Level 4 or 5 ADS-equipped CMVs have appropriate safety management controls in place to operate the vehicle in accordance with the manufacturer’s specifications and with federal requirements?
  • What data should FMCSA collect and maintain regarding Level 4 or 5 ADS-equipped CMVs engaged in interstate transportation? How would such information be used and how would it improve the agency’s ability to oversee the safe operation of Level 4 or 5 ADS-equipped CMVs?
  • To what extent should the federal requirements otherwise applicable to CMV drivers (such as hours-of-service limitations, drug and alcohol testing, and physical qualifications) also apply to a remote assistant who isn’t expected to take control of the dynamic driving task of an ADS-equipped CMV operating at Level 4?
  • What, if any, aspects of the remote assistant job function may require FMCSA oversight, including minimum standards and/or auditing (for example, training, physical qualifications and other job-performance related measures)?
  • Are there any specific limitations that should be imposed on the working conditions of remote assistants, such as limitations on the number of ADS-equipped CMVs that a remote assistant is simultaneously responsible for or the number of hours that a remove assistant may work?
  • Should Level 4 or 5 ADS-equipped CMVs be subject to pre-trip inspection requirements for their mechanical and ADS components in addition to those specified in 49 CFR 392.7, including those which might necessitate new inspection equipment, before such CMVs are dispatched and after a specified period of operation?
  • Under what safety situations should state inspectors and/or FMCSA receive immediate notification of an unsafe maintenance or operational issue, if any?

The deadline to comment is March 20.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

Trucker access to parking and rest facilities part of supply chain bill

Posted on by McCraren Compliance
Original article published by Safety+Health
trucks-rest-area

Photo: Missouri Department of Transportation

Washington — Measures for expanded access to parking and rest facilities are included in recently proposed bipartisan legislation aimed at revamping the interstate trucking supply chain system.

Introduced Jan. 24 by Reps. Dusty Johnson (R-SD) and Jim Costa (D-CA), the Safer Highways and Increased Performance for Interstate Trucking Act (H.R. 471) would permit the transportation secretary to issue grants for projects that provide truck parking. Those grants would total $175 million in fiscal year 2023 and a combined $580 million over the next three fiscal years.

In step with a Senate bill (S. 5169) introduced in the previous Congress, entities eligible for grants would be:

  • States
  • Metropolitan planning organizations
  • Local governments
  • Agencies of states or local governments “carrying out responsibilities relating to commercial motor vehicle parking”
  • Tribal governments or a consortium of tribal governments
  • Multistate or multijurisdictional groups

Grantees would be permitted to partner with private entities “to carry out an eligible project.” Projects may include those that:

  • Build rest areas that include truck parking.
  • Open existing weigh stations, rest areas and park-and-ride facilities to truck parking.

Further, the legislation would require the transportation secretary to consult with state departments of transportation, private providers of truck parking, and other bodies to prepare a report that “evaluates the availability of adequate parking and rest facilities” for trucks in interstate transportation and updates the progress on providing such spaces.

In a press release, the Shippers Coalition praises the legislation for “lessening burdens on truck drivers.”

A lack of safe places for truckers to park ranked third on the American Transportation Research Institute’s list of top trucking industry concerns, released in October.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA denies petition for federal recognition of hair-sample drug testing

Posted on by McCraren Compliance

Original article published by Safety+Health

Washington — The Federal Motor Carrier Safety Administration has denied a petition calling on the agency to recognize hair samples as an alternative drug-testing method for truckers, reasserting a longstanding position that it lacks the statutory authority to do so.

Federal regulations mandate that truckers be tested for drugs by urinalysis. In August, the Trucking Alliance, a coalition of 11 organizations, requested that FMCSA amend the definition of an employer’s “actual knowledge” of a driver’s positive drug test – which requires the employer to report the results to the FMCSA Drug and Alcohol Clearinghouse – to include knowledge of a positive hair test.

The alliance writes in its petition that “public safety is improved through the use of hair testing because drug use is more accurately detected, and drug users are removed from the operation of commercial motor vehicles.”

In a notice published in the Dec. 23 Federal Register, however, FMCSA maintains its stance on following Department of Health and Human Services’ hair-testing guidelines, which remain under review.

“By ignoring the requirement that FMCSA follow the HHS mandatory guidelines for hair testing … the applicant effectively argues that this provision be read in isolation,” FMCSA administrator Robin Hutcheson writes in the notice. “This approach disregards an accepted standard of statutory construction, which provides that statutory text must be construed as a whole.”

In an article published online Dec. 22 in the Owner-Operator Independent Drivers Association’s Land Line magazine, OOIDA Director of Federal Affairs Jay Grimes supports FMCSA’s decision.

“FMCSA’s swift denial of another Trucking Alliance exemption request highlights the unanswered questions and validity concerns with hair testing. Just because a small percentage of trucking companies opt to screen their drivers using hair testing does not mean the process should be used for the entire industry. OOIDA maintains our opposition to any hair testing mandate.”

Speaking to industry news resource FreightWaves in a report published online Dec. 24, Robert Moseley, an attorney for one of the firms representing the alliance, said petitioning HHS may be on the horizon.

“I think we’re in a position now where we may bring this FMCSA decision over to HHS directly and request a temporary change in policy until they formalize the mandatory guidelines. It’s just not an acceptable answer to say the industry has all these positive hair tests but they can’t be shared with anyone.”

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA proposes adjusting scope of regulatory relief during emergencies

Posted on by McCraren Compliance

Original article published by Safety+Health

Photo: FMCSA

Washington — The Federal Motor Carrier Safety Administration is requesting public comment on a proposed rule that would “narrow the scope” of temporary hours-of-service exemptions and other regulatory relief for truckers during emergency declarations.

As outlined in a notice of proposed rulemaking published in the Dec. 8 Federal Register, FMCSA is seeking to:

  • Modify the definition of “emergency” to clarify that emergency regulatory relief doesn’t apply to economic conditions caused by market forces, including material or supply shortages, labor strikes, or driver shortages, “unless such conditions or events cause an immediate threat to human life and result in a declaration of emergency.”
  • Remove the definition of “emergency relief” and amend the definition of “direct assistance” to adopt the vital components of the former definition of “emergency relief.”
  • Exempt drivers and motor carriers for five days – down from 30 – during regional emergency declarations issued by a governor, governor’s representative or FMCSA, and apply exemptions only from certain HOS regulations.

Presidential emergency declarations still would have 30-day exemptions and be applicable to current covered regulations, including those applying to driver qualification requirements and vehicle inspections.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

California Highway Patrol wants ELD requirement for intrastate truckers

Posted on by McCraren Compliance

Original article published by Safety+Health

Photo: Department of Transportation Flickr

Sacramento, CA — In an effort to “enhance commercial vehicle safety” and “create consistency between state and federal regulations,” the California Highway Patrol is proposing the state adopt regulations requiring the use of electronic logging devices for commercial motor vehicle carriers involved in intrastate operations.

CHP recently submitted to the California Office of Administrative Law an initial statement of reasons, contending the proposal would bolster safety by “improving compliance with the applicable hours-of-service rules and reducing the overall paperwork burden for both motor carriers and drivers.”

California regulations don’t require an ELD to record a driver’s record-of-duty status. The proposal would largely be consistent with federal ELD regulations promulgated by the Federal Motor Carrier Safety Administration, CHP says.

Exemptions would include:

  • Drivers operating under California’s 100 air-mile radius exemption
  • Drivers operating a CMV manufactured before 2000
  • Drivers operating a CMV in a driveaway-towaway operation
  • Drivers not operating more than eight days within any 30-day period
  • Authorized emergency vehicles

The deadline to comment on the proposal is Dec. 19.

Federal ELD regulations were under review for possible changes this fall. That public comment period closed Nov. 15.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA considering electronic IDs for large trucks and buses

Posted on by McCraren Compliance

Original article published by Safety + Health

Photo: Missouri Department of Transportation Flickr

Washington — The Federal Motor Carrier Safety Administration is seeking stakeholder comment on whether to require universal electronic identification for commercial motor vehicles operating in interstate commerce.

“FMCSA currently does not require CMVs to be equipped with a system capable of transmitting a unique electronic ID for operation,” the agency says. “However, FMCSA provides grant funding to states for technology projects that electronically identify a CMV; verify its size, weight and credentials information; and review its carrier’s past safety performance while the vehicle is in motion and then communicate safely to the driver to either pull in or bypass the roadside inspection station.”

According to an advance notice of proposed rulemaking published in the Sept. 23 Federal Register, FMCSA is considering amending its Federal Motor Carrier Safety Regulations in response to a 2015 petition from the Commercial Vehicle Safety Alliance, after the agency denied a similar request in 2013.

FMCSA says it’s considering implementing an electronic ID requirement “to improve the efficiency and effectiveness of the roadside inspection program by more fully enabling enforcement agencies to focus their efforts at high-risk carriers and drivers.”

CVSA contends that “mandating an electronic identifier requirement will not only save money in the long run – for both enforcement and industry – but will also enable more effective enforcement, improve safety and save thousands of lives every year.”

FMCSA is requesting feedback on a number of questions, including:

  • Should a device that can transmit an electronic ID be permanently affixed or removable/transferrable to CMVs in operation? Would FMCSA’s rule need to specify?
  • What data should be included as part of the electronic ID? Should it include information specific to the driver? Should it also include information that may vary from trip to trip?
  • How far in advance (time, distance) does a state need to gather the electronic ID information to positively ID a vehicle and message the vehicle whether further inspection is required?
  • Are there privacy, health or coercion concerns FMCSA should consider in a future proposal?

The deadline to comment is Nov. 22.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA requests input on possible changes to ELD regulations

Posted on by McCraren Compliance

Original article published by Safety + Health

Photo property of FMCSA

Washington — The Federal Motor Carrier Safety Administration is asking industry stakeholders for input on “ways to improve the clarity of current regulations on the use of electronic logging devices and address certain concerns about the technical specifications.”

FMCSA’s mandate on the use of ELDs to record commercial motor vehicle hours of service went into effect in December 2017. In April 2018, inspectors were allowed to begin placing drivers out of service for operating without ELDs, which are used in place of manual paper logs to track HOS.

In an advance notice of proposed rulemaking published in the Sept. 16 Federal Register, FMCSA requests comment on five specific areas in which the agency is considering changes:

  • Applicability to pre-2000 engines (the mandate exempts trucks with pre-2000 engines)
  • Addressing ELD malfunctions
  • The process for removing ELD products from FMCSA’s list of certified devices
  • Technical specifications
  • ELD certification

“FMCSA believes that the lessons learned by agency staff, state enforcement personnel, ELD providers, and industry over the last few years can be used to streamline and improve the clarity of the regulatory text and ELD technical specifications and resolve questions that have arisen,” the agency says. “In addition, technical specifications could be updated to address concerns raised by affected parties and improve the functionality of ELDs.”

The deadline to comment is Nov. 15.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA awards nearly $81 million in high-priority safety grants

Posted on by McCraren Compliance

Original article published by Safety + Health

Photo: FMCSA

Washington — The Federal Motor Carrier Safety Administration has awarded almost $81 million in grants via its High Priority Grant Program.

The program provides funding for initiatives aimed at strengthening commercial motor vehicle safety under the Motor Carrier Safety Assistance Program. It also invests in innovative technology, research and other projects that enhance CMV safety. Groups eligible for the funding include state and local governments, Native American tribes, political jurisdictions, nonprofit organizations and institutions of higher education.

Activities and projects include:

  • Improving the safe and secure movement of hazardous materials.
  • Improving safe transportation of goods and people in foreign commerce.
  • Demonstrating new technologies to improve CMV safety.
  • Advancing technology to enhance CMV operator awareness of roadway hazards and truck parking availability.
  • Supporting participation in performance and registration information systems management.
  • Conducting safety data improvement projects.
  • Increasing public awareness and education on CMV safety.
  • Targeting unsafe driving of CMVs in areas identified as high-risk crash corridors, including roadway work zones.
  • Improving CMV safety and compliance with CMV safety regulations.

Nearly $43 million of the grant funding was awarded to 63 high-priority CMV safety-related activities and projects, while 35 grants totaling nearly $38 million were awarded via FMCSA’s HP Innovative Technology Deployment Program.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

Truck Parking Safety Improvement Act advances out of House committee

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication

Photo: Missouri Department of Transportation

Washington — The House Transportation and Infrastructure Committee on July 20 approved an updated version of the bipartisan Truck Parking Safety Improvement Act.

Sponsored by Rep. Mike Bost (R-IL), H.R. 2187 would address a nationwide shortage of safe parking spots for commercial motor vehicle drivers, who are required under federal hours-of-service regulations to park and rest after being on duty for long periods.

“Since at least 2002, the U.S. Department of Transportation has identified the growing shortage of truck parking spaces as an issue of national concern that jeopardizes the safety of truck drivers and the motoring public,” Bost said during a committee hearing. “Often, truck drivers have been unable to find safe places to park their vehicles and are forced to use sides of the roads and off-ramps. This leads to accidents when other motorists don’t expect the truck to be parked on the side of the road.

“The longer we allow this problem to go on, the worse it’s going to get for the trucking industry.”

The bill would allow the transportation secretary to issue grants for projects that provide truck parking – $175 million for fiscal year 2023 and a combined $580 million over the next three fiscal years. Entities eligible for the grants include states, metropolitan planning organizations, local governments, an agency of a state or local government “carrying out responsibilities relating to CMV parking,” a tribal government or a consortium of tribal governments, and a multistate or multijurisdictional group. Grantees would be permitted to partner with private entities “to carry out an eligible project.”

During a media roundtable at the Mid-America Trucking Show in March, Robin Hutcheson, acting administrator of the Federal Motor Carrier Safety Administration, acknowledged that the agency was “really feeling the urgency” to address the lack of safe parking. She added that FMCSA was collaborating with the Federal Highway Administration to try to fix the issue.

A month earlier, in a letter sent to Transportation Secretary Pete Buttigieg, Chris Spear, president and CEO of the American Trucking Associations, and Todd Spencer, president and CEO of the Owner-Operator Independent Drivers Association, called on the Department of Transportation to prioritize funding from the Infrastructure Investment and Jobs Act to address the lack of safe parking for CMV drivers.

They requested that the department work with the Biden administration, state DOTs, Congress and industry stakeholders “to ensure appropriate actions are taken to mitigate the growing truck parking shortage.”

The bill, introduced March 26, 2021, initially had three Democrats and two Republicans listed as co-sponsors. That list has since grown to 37 lawmakers from both side of the aisle.

The legislation now goes before the full House for a vote, which has not yet been scheduled.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

International Roadcheck

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First published by CVSA

Today is the first day of International Roadcheck, the Commercial Vehicle Safety Alliance’s (CVSA) three-day commercial motor vehicle and driver inspection and compliance enforcement initiative. Certified inspectors in Canada, Mexico and the U.S. will conduct inspections of commercial motor vehicles and drivers over a 72-hour period. Drivers or vehicles with out-of-service violations will be prohibited from continuing their trip until the violations are resolved.

International Roadcheck started in 1988 and is a high-volume, high-visibility commercial motor vehicle inspection and enforcement initiative spotlighting the hard work and commitment to safety of certified inspectors, commercial motor vehicle drivers and motor carriers. Since International Roadcheck’s start, more than 1.8 million commercial motor vehicles have been inspected.

Each year, CVSA highlights a certain aspect of the roadside inspection. This year, the  will be on wheel ends. Violations involving wheel end components historically account for about one quarter of the vehicle out-of-service violations discovered during International Roadcheck, and past International Roadcheck data routinely found wheel end components in the top 10 of vehicle violations.

“Inspectors throughout North America will be at inspection and weigh stations, at temporary pop-up inspection sites, and patrolling our roadways during the three days of International Roadcheck as well as every other day of the year,” said CVSA President Capt. John Broers with the South Dakota Highway Patrol. “CVSA-certified inspectors will inspect commercial motor vehicles and their drivers to ensure large trucks and motorcoaches and the trained professionals who drive them are operating safely and are in full compliance with federal regulations.”

During International Roadcheck, inspectors will primarily conduct a , which is a thorough 37-step procedure to check the driver’s operating credentials and requirements and the vehicle’s mechanical fitness and regulatory compliance.

For the driver portion of an inspection, inspectors check the driver’s operating credentials, hours-of-service recording device/documentation and seat belt usage. Inspectors will also be on the lookout for alcohol and/or drug impairment. A driver will be placed out of service if an inspector discovers driver-related out-of-service conditions.

For the  of a Level I Inspection, inspectors will check the vehicle’s brake systems, cargo securement, coupling devices, driveline/driveshaft components, driver’s seat, exhaust systems, frames, fuel systems, lighting devices, steering mechanisms, suspensions, tires, van and open-top trailer bodies, wheels, rims, hubs and windshield wipers. Inspections of motorcoaches, passenger vans and other passenger-carrying vehicles also include emergency exits, electrical cables and systems in the engine and battery compartments, and seating. Vehicles with violations that meet the out-of-service criteria will be placed out of service until the violations are corrected.

Vehicles that successfully pass a Level I or Level V Inspection without any critical vehicle inspection item violations may receive a . In general, vehicles with a CVSA decal are not  during the three-month period during which the decal is valid. Instead, inspectors will focus their efforts on vehicles without a valid CVSA decal.

Instead of a Level I Inspection, inspectors may conduct a Level II Walk-Around Driver/Vehicle Inspection, Level III Driver/Credential/Administrative Inspection or Level V Vehicle-Only Inspection. Level I and V Inspections are the only inspections that may result in a CVSA decal.

 is a CVSA program with participation by the U.S. Federal Motor Carrier Safety Administration, the Canadian Council of Motor Transport Administrators, Transport Canada, and Mexico’s Ministry of Infrastructure, Communications and Transportation and the National Guard.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.