By TruckingInfo Staff
The Motor Carrier Safety Advisory Committee this week wrapped up work on recommendations to the Federal Motor Carrier Safety Administration on technical details of the pending electronic onboard recorder requirement.
Details of the recommendations will be available later this week or next week, but in general the committee will provide counsel on 16 separate issues, ranging from a mechanism for showing the log to the inspecting officer to data security and certification of the recording devices.
The committee, a panel of 19 officials from the industry, the enforcement community and labor and safety advocacy groups, has been working on the issue for months at the agency’s request. The agency is not bound by the committee’s recommendations, but is closely involved in the deliberations among the members.
The EOBR rule is for the time being in legal limbo. FMCSA has decided it will not appeal a court decision vacating the rule scheduled to take effect next June. Instead, it will address the court’s concerns about driver harassment in a final rule.
In its ruling last August, the U.S. Court of Appeals for the Seventh Circuit vacated the rule and sent it back to FMCSA for review, saying it does not do enough to prevent harassment of drivers.
The decision was in response to a petition by several independent drivers and the Owner-Operator Independent Driver Association, who were challenging the rule that will require habitual violators of the hours of service rules to install EOBRs.
The rule would affect some 5,700 interstate carriers, the agency has estimated. It is the precursor to a much broader mandate that will cover practically all carriers, probably several years from now.
Government/Regulations: Related News
12/7/2011 – Advisory Committee Wraps Up Work on EOBR Recommendations
The Motor Carrier Safety Advisory Committee this week wrapped up work on recommendations to the Federal Motor Carrier Safety Administration on technical details of the pending electronic onboard recorder requirement….
12/7/2011 – FMCSA Live Webcast Today: Medical Review Board Meeting on OSA
Today, the Federal Motor Carrier Safety Administration will live webcast a meeting held by the agency’s Motor Carrier Safety Advisory Committee and Medical Review Board to discuss obstructive sleep apnea. Proceedings can be viewed live at www.fmcsa.dot.gov between 8AM and 5PM….
12/5/2011 – HOS Debate Hurting Rate Negotiations: FTR
FTR’s Trucking Conditions Index, as reported in the December Trucking Update, declined to a reading of 3.4 in October, primarily due to further delay in the issuance of revised Hours of Service regulations….
12/5/2011 – CRASH says New Safety Data Validates Need for New HOS Rule
In a press release issued Friday, the Truck Safety Coalition says truck crash fatalities rose to nearly 4000 in 2010, from 3,380 casualties in 2009….
12/2/2011 – CARB TRU Compliance Extension Application Forms now Available
Owner of reefer equipment unable to comply with the Dec. 31 2011 deadline due to delays in delivery, installation, or financing, reefer owners may apply for a compliance extension….
12/1/2011 – CVSA Wraps Up Montreal Cargo Securement Forum
CVSA’s semi-annual North American Cargo Securement Harmonization Public Forum was held in Montreal, Que. this week. About 75 people attended from various branches of the enforcement and regulatory community, carriers, equipment makers and suppliers….
12/1/2011 – Hearing Raises Political Profile of Hours Rule
A new piece of information emerged from yesterday’s hearing on the pending hours of service rule. Federal Motor Carrier Safety Administration chief Anne Ferro said that preliminary estimates show a possible uptick in truck-related fatalities, from 3,360 in 2009 to “approaching 4,000” in 2010….
11/30/2011 – Hours Rule Will Get More Hill Scrutiny
The pending hours of service revision will get more congressional scrutiny at a House hearing scheduled for Wednesday….
11/29/2011 – Third Mexican Carrier Clears Safety Audit
A third Mexican carrier, Moises Alvarez Perez, has cleared a pre-authorization safety audit for long-distance service across the border under the Federal Motor Carrier Safety Administration’s cross-border pilot program….
11/23/2011 – OSHA Issues Order, Damages Against Heartland Transportation Inc.
An Andersonville, Tenn.-based contract mail carrier has been ordered by the Occupational Safety and Health Administration to reinstate a former employee and pay $62,090 in compensatory and punitive damages plus more than two years of back wages, interest, benefits and attorney’s fees….
11/23/2011 – Final Rule Posted Banning Handheld Cell Phone Use by Truck Drivers
Interstate truck and bus drivers will soon be prohibited from using handheld cell phones while operating their vehicles, under a final joint rule announced today from the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration….
11/21/2011 – ATRI Research Reveals Motor Carrier CSA Perspectives
The American Transportation Research Institute (ATRI) has released a report detailing impact CSA has had on the daily operations of trucking companies….
11/21/2011 – Drivers: Hang on to Those Medical Certificates
Truck drivers must continue to keep a copy of their medical certificate with them for another year, while states gear up to implement an electronic system for tracking the certificates….
11/21/2011 – Small Business Administration Proposes Size Standards Increase for Truck Renting and Leasing Industry
The Small Business Administration has issued a proposed rule to increase small business size standards for several industries under the North American Industry Classification System, including the truck renting and leasing industry….
11/18/2011 – ATA Asks OMB to Consider if ‘Legitimate’ Reasons Exist for Hours Change
American Trucking Associations President and CEO Bill Graves, has written to Cass Sunstein, administrator of the Office of Information and Regulatory Affairs at the Office of Management and Budget, asking whether any “legitimate reason” exists to change the current HOS rules….
11/18/2011 – ATRI Research Reveals Motor Carrier CSA Perspectives
The American Transportation Research Institute (ATRI) has released a report detailing impact CSA has impacted the daily operations of trucking companies….
11/18/2011 – House Links Highway Funding to New Oil and Gas Revenues
Speaker John Boehner, R-Ohio, yesterday made it official that the House will link funding for transportation reauthorization to the extraction of oil and natural gas from areas now closed to drilling….
11/17/2011 – Maryland Trucking Company Declared Imminent Hazard to the Public, Shut Down — Again
The Federal Motor Carrier Safety Administration has ordered Maryland-based Gunthers Transport, LLC shut down after a lengthy investigation found it to be an imminent hazard to public safety. Company owner, Mark David Gunther, was convicted on similar charges in 1995….
11/16/2011 – FMCSA Will Rewrite EOBR Rule to Address Court’s Concerns
The Federal Motor Carrier Safety Administration will not appeal the court decision vacating the electronic onboard recorder rule scheduled to take effect next June. Instead, it will address the court’s concerns about driver harassment in a later rule….
11/15/2011 – Latest Data Show Truck Safety Progress
The latest truck safety data are in, and they show continued improvement. The number of large trucks involved in fatal crashes dropped 31% between 2007 to 2009, from 4,633 to 3,215, said the Federal Motor Carrier Safety Administration in a new report….
11/10/2011 – Senate Committee First Out of Chute with Highway Bill
Last week the Senate Environment and Public Works Committee unanimously reported out a bill that would reauthorize the federal highway program for two years. One move does not make a chess game, but it’s a welcome development…
11/10/2011 – Washington State Has New Tool to Check for HOS Violations
The Washington State Patrol’s Commercial Vehicle Division is using automated license plate readers to help it find drivers violating hours of service rules….
11/10/2011 – Suit Filed Over New Truck Fuel Economy Standards
A legal firm representing a group of small trucking and construction business owners in California has filed a federal lawsuit challenging the federal government’s new fuel-economy standards for heavy duty and medium duty vehicles….
11/9/2011 – Senate Committee Will Vote on Highway Bill This Week
The Senate Environment and Public Works Committee will vote on a two-year, $109 billion highway reauthorization bill this week. Moving Ahead for Progress in the 21st Century (MAP-21), as the bill is called, is intended to preserve current spending levels….
11/3/2011 – Hours Rule Advances to Office of Management and Budget
The revised hours of service rule moved one step closer to publication yesterday when the Department of Transportation sent its proposed revisions to the White House Office of Management and Budget for review….
11/2/2011 – Senate Clears 2012 Transport Appropriations Measure, Including Heavier Truck Provision
The Senate yesterday approved a transportation appropriations bill that would, among other things, allow heavier trucks on Maine and Vermont Interstates, and continue funding for transportation enhancements such as bike paths….
10/31/2011 – Heavier Trucks Pass Test, Vermont Says
At first glance, the safety results of the heavy-truck pilot test in Vermont are not good news. In the year-long test, accidents were up on both Interstate and non-Interstate roads, a point that the Truck Safety Coalition, which opposes heavier trucks, has been quick to highlight. But in fact the safety data are not conclusive, and the test showed improvements in productivity, fuel efficiency and emissions, says a top Vermont transportation official….
10/28/2011 – Ag Groups Praise Legislation Clarifying Agricultural HOS Exemption
A group of agricultural associations has come out in support of legislation that clarifies the applicability of the agricultural hours of service exemption….
10/28/2011 – HOS Deadline Pushed Back a Month
The Federal Motor Carrier Safety Administration announced this morning that the new hours of service rule, due to have been published today, will be pushed back at least a month.
“FMCSA will continue to work toward publishing a final rule as quickly as possible,” the agency said in a statement. “The parties to the settlement agreement will file their next status report with the Court on November 28, 2011.”…
10/27/2011 – FMCSA Moves Closer to Final Unified Registration System; Would Help Address “Chameleon” Carriers
The Federal Motor Carrier Safety Administration wants to change its approach to putting together a Unified Registration System, but intends to stick with the key components it already has proposed in this sweeping overhaul of the way it keeps track of the entities it regulates….
10/25/2011 – CARB Diesel PM Filter Retrofit Deadline Looms; Some Fleets Still Have Compliance Options
The deadline for meeting California’s Truck and Bus regulation diesel particulate filter retrofit requirement is January 1, 2012, but fleets can still apply for staggered implementation schedule or flexible phase-in option….
10/24/2011 – LaHood Asks Ayotte Not to Move Against Hours of Service Rule
Transportation Secretary Ray LaHood is urging Sen. Kelly Ayotte not to proceed with her amendment to block the rewrite of the hours of service rule. In a letter yesterday, LaHood defended the work of the Federal Motor Carrier Safety Administration in drafting the revised rule….
10/24/2011 – Senate Committee Plans Vote on Highway Bill
The Senate Environment and Public Works Committee plans to debate and vote on its two-year surface transportation bill Nov. 9. The committee’s strategy is to produce a two-year measure funded at current levels, plus inflation. This will require about $12 billion more than will be available from the Highway Trust Fund, a difference that Sen. Max Baucus, D-Mont., a member of EPW and chairman of the Senate Finance Committee, has said he believes can be found….