FMCSA proposes amending guidance on CMV ‘yard moves,’ hours of service

First published by Safety+Health an NSC publication.

Washington — The Federal Motor Carrier Safety Administration is seeking public comment on a proposal to revise the agency’s guidance on “yard moves” and commercial motor vehicle drivers’ hours of service.

According to a notice published in the Jan. 4 Federal Register, FMCSA regulations require most CMV drivers to record their HOS under four categories: driving; on-duty, not driving; sleeper berth; and off-duty. The agency’s design and performance standards for electronic logging devices – which record HOS – provide two “special driving categories”: personal conveyance and yard moves.

FMCSA, however, did not define “yard moves” in its final rule on ELDs and is seeking to update its guidance to include the following: “A driver may record time operating a CMV for yard moves as on-duty, not driving under 49 CFR 395.8(b) only if the movement of the CMV occurs in a confined area on private property,” such as an intermodal or port facility.

Other examples of “yards” may include a motor carrier’s place of business; a shipper’s privately owned parking lot; and a public road where access is restricted by gates, lights, flaggers or other means.

“For example,” FMCSA says, “if a driver must operate on a public road briefly to reach different parts of a private property, the movement may be considered a yard move if public access is restricted during the move.”

Additionally, FMCSA is seeking responses to the following questions:

  • Would defining “yard moves” provide necessary clarification while benefiting drivers and carriers?
  • Are there other situations or properties where drivers may be in a “yard move” status that should be included in the guidance?
  • Would adding examples of “yard moves” prove helpful? If so, give examples for consideration.
  • How should “yard” be defined in the guidance?

The deadline to comment is Feb. 3. FMCSA plans to reevaluate its guidance “no later than” five years after it’s finalized.

“This guidance, if finalized, lacks the force and effect of law and is not meant to bind the public in any way,” FMCSA says. “This guidance document is intended only to provide clarity to the public regarding the agency’s interpretation of its existing regulations.”


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FMCSA seeks to add rear impact guards to annual CMV inspection list

First published by Safety+Health an NSC publication.

See the source image

Washington — The Federal Motor Carrier Safety Administration is proposing to add rear impact guards to the list of components to be examined during mandatory yearly inspections of commercial motor vehicles.

Rear impact guards are designed to prevent “underrides,” which occur when a passenger vehicle strikes the rear of a CMV and slides underneath.

According to a notice of proposed rulemaking published in the Dec. 29 Federal Register, rear impact guards have been required on CMVs for nearly 70 years but aren’t included on the list of components in Appendix G for required inspections. This means that a CMV can pass an annual inspection with a missing or damaged rear impact guard, FMCSA notes.

Additionally, the agency is proposing to amend labeling requirements for the guards “and to exclude road construction controlled (RCC) horizontal discharge trailers from the rear impact guard requirements.”

The deadline to comment on the proposed rule is March 1.


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

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NOTICE: ORM-D Marking Phase-out

First published by PHMSA.

After December 31, 2020, hazmat shippers will no longer be able to use the ORM-D Consumer Commodity marking on packages containing limited quantities of low risk hazardous materials. Packages must be marked with the Limited Quantity marking in accordance with the Code of Federal Regulations, Title 49, Section 173.156.

PHMSA published a final rule in January 2011 that revised the Hazardous Materials Regulations (HMR) to align with various international standards regarding hazard communication, hazard classification including packing group assignment, packaging authorization, air transport quantity limitations, and other harmonization-related topics. This final rule specified the phase-out of the marking for limited quantity materials reclassed as “other regulated material” (ORM-D).

Federal Register Notice

What is ORM-D?

The ORM-D classification stands for Other Regulated Materials—Domestic and is used for materials that meet the DOT definition of a consumer commodity. A consumer commodity, as defined in § 171.8, is a material that is packaged and distributed in a form suitable for retail sale or consumption by individuals for purposes of personal care or household use.


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ADOT moving to fully-cashless permitting system for commercial trucks will help keep commerce flowing more efficiently

First published by ADOT.
Cashless paymentPHOENIX – When commercial truckers purchase their permits for driving through Arizona online ahead of time or use a cashless method at the port of entry, they spend less time making payments and get on their way faster.

That’s one reason the Arizona Department of Transportation successfully implemented a pilot program to move to a fully-cashless permitting system. Now, after working with trucking companies that pay with cash to ensure they have enough time to convert to a cashless system, ADOT’s ports of entry intend to go fully cashless on Jan. 1, 2021.

The move to end the acceptance of cash and checks at ports of entry also supports recommendations by the U.S. Center for Disease Control and Prevention to curb the spread of COVID-19 through the exchange of currency.

ADOT’s truck permitting systems, ePro and Transport, have cashless features and nearly 80% of truckers getting permits use those features. But in order to help trucks move through the ports more efficiently, ADOT’s Enforcement and Compliance Division began to encourage the other 20% of truckers to pay for permits online using Apple Pay, Android Pay or credit card.

“We have been getting a feel from the trucking industry on how much they would support this change and the feedback has been positive,” said Lt. Jason Sloan, team lead for implementing the change. “This improvement will help eliminate waste and maximize resources available at ports of entry to process commercial traffic faster.”

The move also allows more officers to be available for enforcement duties instead of having one or more of them make a long drive from a remote port of entry to a financial institution to deposit the cash and checks collected.

This change is one more way ADOT’s continuous improvement process is making more efficient use of time, resources and taxpayer dollars. It will also be implemented at VIN inspection stations around the state.

ADOT is also developing a new commercial permitting system that will support the move to cashless and touchless that is expected to be operational by the end of next year.


McCraren Compliance can help you understand and comply with FMCSA, DOT 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 seeks comment on clarification of ‘agricultural commodities’

First published by Safety+Health an NSC publication.

Washington — The Federal Motor Carrier Safety Administration is asking for input on an interim final rule that clarifies the definitions of the terms “any agricultural commodity” and “livestock” in the agency’s hours-of-service regulations for commercial truck drivers.

Current regulations call for exemptions in HOS requirements during harvesting and planting season in each state. Drivers are exempt in a 150-air-mile radius from the source of that agricultural commodity.

Published in the Nov. 24 Federal Register and effective Dec. 9, the interim final rule acknowledges the ambiguity of current regulations while amplifying the agency’s interpretation. The rule states that “horticultural products subject to perishability or significant degradation in product quality during transport” by commercial motor vehicle – such as sod, flowers, seedlings, live trees and Christmas trees – fall under the parameters of “any agricultural commodity.”

Additionally, FMCSA expands the scope of the definition of “livestock” to include “all living animals cultivated, grown or raised for commercial purposes.” Previously, the agency did not include aquatic animals under this description.

“Our nation’s farmers and agriculture haulers will benefit from this clarification of the rules and will be able to deliver their products in a safer and more efficient manner,” FMCSA acting administrator Wiley Deck said in a Nov. 19 press release. “These improved rules will help farmers move commodities and get food to our grocery stores. We have heard the concerns from our farmers and ag haulers, and we’ve worked closely with [the U.S. Department of Agriculture] and the industry to provide regulatory clarity and craft this new rule.”

FMCSA in July 2019 issued an advance notice of proposed rulemaking requesting comment on whether to clarify or revise the definitions, receiving 140 responses. In June 2018, the agency issued guidance intended to clarify both the agricultural commodities exemption and the “personal conveyance” provision in HOS regulations.

Comments on the interim final rule are due Dec. 24. FMCSA states that it “will consider and address submitted comments in the final rule that will follow this IFR and may make changes to the rule in response to comments received.”


McCraren Compliance can help you understand and comply with FMCSA, DOT 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.

Expansion and Extension of the Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25

Expansion And Extension Of The Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25
First published by Arizona Trucking Association.

Yesterday, FMCSA announced that they have expanded and extended the Emergency Declaration that was set to expire on December 31st. This extension includes the same regulatory relief for motor carriers and drivers providing direct assistance in support of relief efforts related to COVID-19, as included in the September 11th modified and extended declaration. The primary change with this current declaration is the inclusion of vaccine transportation.

The expanded declaration published today is limited to the transportation of:

  1. Livestock and livestock feed;
  2. Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;
  3. Vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19;
  4. Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants, and;
  5. Food, paper products and other groceries for emergency restocking of distribution centers or stores. 

Please note, this expanded declaration became effective at 12:00 A.M. December 1st, and expires on February 28th, 2021.

As with previous declarations, emergency regulatory relief is provided from parts 390 through 399 of the FMCSRs, including the hours-of-service regulations. Emergency relief does not include certain FMCSR’s related to the safe operation of CMVs, such as controlled substance and alcohol testing, financial responsibility requirements, CDL requirements, operation of a CMV while ill or fatigued, size and weight requirements, and additional FMCSR’s which are outlined in the declaration.

We encourage everyone to review the applicability, restrictions, and limitations which are included in the exemption posted to the FMCSA’s website and below.

Expansion and Extension of the Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25


McCraren Compliance can help you understand and comply with FMCSA, DOT 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.

Combating Human Trafficking in Transportation

Put the Brakes on Human Trafficking

First published by U.S. Department of Transportation.

You are invited to participate in the “Combating Human Trafficking in Transportation” virtual event hosted by the U.S. Department of Transportation (DOT) on
December 8, 2020 from 2:00pm-4:00pm.

Nearly 25 million people across the globe are victims of modern slavery, and human traffickers utilize America’s roadways, railways, airways, and waterways to facilitate the trafficking of their victims. Transportation leaders have an opportunity to amplify counter-trafficking efforts to combat this heinous crime.

This virtual event will feature remarks by Secretary of Transportation Elaine L. Chao and highlight counter-trafficking initiatives across the transportation sector through leadership, funding, partnerships, policies and protocols, training and awareness, data and information-sharing, and victim and survivor support. Three panels comprised of multimodal Transportation Leaders Against Human Trafficking stakeholders will spotlight efforts by State and local entities, the private sector, and non-governmental organizations.

In addition to participating on December 8th, public and private stakeholders across all modes of transportation are invited to join DOT’s Transportation Leaders Against Human Trafficking initiative by signing the pledge to combat human trafficking in the transportation sector. The pledge and other information are available at
https://www.transportation.gov/stophumantrafficking.

 

REGISTER NOW


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Technology could ‘greatly reduce’ rear-end crashes involving large trucks: IIHS study

See the source image

First published by Safety+Health an NSC publication.

Arlington, VA — Installing crash prevention technologies on the front of large commercial trucks may reduce, by more than 40%, crashes in which those trucks rear-end another vehicle, according to a recent report from the Insurance Institute for Highway Safety.

IIHS Director of Statistical Services Eric Teoh analyzed data from about 2,000 crashes involving large trucks that occurred from 2017 to 2019. He found that forward-collision warning systems reduced rear-end crashes by 44%, while automatic emergency braking systems reduced the crashes by 41%. Additionally, these technologies were found to reduce overall crashes by 22% and 12%, respectively.

Front crash prevention systems employ cameras, radar or other sensors to monitor roadways, while AEB systems automatically engage brakes to prevent or mitigate collisions.

According to data from the Federal Motor Carrier Safety Administration, 4,415 fatal crashes involving large trucks occurred in 2018 – a 52.6% increase from the 2,893 recorded in 2009.

“This study provides evidence that forward-collision warning and AEB greatly reduce crash risk for tractor-trailers and other large trucks,” Teoh said in a Sept. 3 press release. “That’s important information for trucking companies and drivers who are weighing the costs and benefits of these options on their next vehicles.”


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

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Annual brake inspection blitz examines more vehicles than in 2019

roadside-inspection-2.jpg
Photo: Commercial Vehicle Safety Alliance

First published by Safety+Health an NSC publication.

Greenbelt, MD — Commercial motor vehicle inspectors across North America conducted 43,565 brake system inspections and identified 5,156 vehicles – or 11.8% – with out-of-service conditions during the Commercial Vehicle Safety Alliance’s annual Brake Safety Week, the organization announced Oct. 27.

Conducted Aug. 23-29 – during Brake Safety Awareness Month – this year’s outreach and enforcement campaign saw more vehicles inspected and fewer placed out of service than in 2019, when those totals were 34,320 and 4,626 (13.5%), respectively.

According to CVSA, 53 jurisdictions – including 45 in the United States – participated in this year’s event, which involved both announced and unannounced brake system inspections. Inspectors put special emphasis on brake hoses and tubing; a separate data query from participating jurisdictions found 6,697 hose chafing violations.

“Although many commercial motor vehicle enforcement agencies were forced to reduce services in the spring due to the (COVID-19) pandemic, it was important that we resumed inspection and enforcement duties as soon as it was safe to do so,” CVSA President John Samis said in a press release. “With truck drivers designated ‘essential personnel’ by the government, we needed to ensure that the vehicles traversing our roadways were safe to support commercial drivers as they selflessly continued to work during such a difficult and challenging time.”

Brake Safety Week is part of CVSA’s Operation Airbrake campaign, which is conducted in partnership with the Federal Motor Carrier Safety Administration and the Canadian Council of Motor Transport Administrators.

Next year’s event is set for Aug. 22-28.


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

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CVSA reacts to FMCSA rejection of personal conveyance petition

rejection of personal conveyance petition

First published by Safety+Health an NSC publication.

Washington — The Commercial Vehicle Safety Alliance is evaluating its next course of action after the Federal Motor Carrier Safety Administration on Sept. 18 denied a CVSA petition requesting that the agency update its definition of personal conveyance and clarify a mileage limit.

A letter written by FMCSA acting administrator Wiley Deck and addressed to CVSA Executive Director Collin Mooney claims that the CVSA proposal lacks a “sufficient safety basis” to proceed with rulemaking that “would essentially propose arbitrary limits without any evidence of safety critical events avoided.”

CVSA filed the petition in May, after FMCSA announced a controversial final rule the agency claims adds flexibility to hours-of-service regulations. The rule went into effect Sept. 29.

“We understand the agency’s position on personal conveyance,” Mooney told Safety+Health, “but we still believe that it’s not addressed adequately.”

In June 2018, FMCSA issued guidance intended to clarify both the agricultural commodities exemption and the personal conveyance provision in HOS regulations.

According to the agency, personal conveyance – a driver’s movement of a commercial motor vehicle for personal use – is considered off-duty status and therefore does not affect HOS limitations.

However, CVSA contends in the petition that the guidance is “incomplete” without establishing a maximum distance and/or time a CMV operator can travel under the personal conveyance provision, stating that “a driver could, in theory, drive hundreds of miles over the course of several hours” under this designation, increasing the risk of driver fatigue and impacting roadway safety.

“Even though the agency says that setting a distance or time limit would be arbitrary, on the flip side of things, having things wide open for personal conveyance now is open-ended in itself, which is the whole point in the petition – why it’s creating issues,” Mooney said. “Because it gives the motor carrier industry and drivers an opportunity to hide hours under the premise of personal conveyance, which in fact is a falsification of the hours of service of the records of duty status. So, by providing that loophole, that gateway to camouflage or hide hours, we feel, is very problematic and jeopardizes highway safety.”

Deck writes that the guidance remains “an appropriate response to the issue, given the lack of research and data to support the adoption of specific restrictions.”

According to the guidance – which is effective until June 7, 2023 – other examples of personal conveyance include, but aren’t limited to:

  • Time spent traveling to restaurants and entertainment facilities from en route lodging, such as a motel or truck stop.
  • Commuting between the driver’s terminal and his or her residence, between trailer-drop lots and the driver’s residence, and between worksites and the driver’s residence.
  • Time spent traveling in a motorcoach without passengers to en route lodging, or to restaurants or entertainment facilities and back to the lodging.
  • Time spent transporting personal property while off duty.
  • Authorized CMV use to travel home after working at an offsite location.

McCraren Compliance can help you understand and comply with FMCSA, DOT 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.