The FMCSA failed to meet its court imposed October 28, 2011 deadline for publishing a final rule on Hours-of-Service (HOS). Now the FMCSA has extended the deadline, indicating it will file a status report on the rulemaking with the court by November 28, 2011.
Although the FMCSA indicated that it will “continue to work toward publishing a final rule as quickly as possible”, it is unclear whether the FMCSA intends to publish the rule by November 28 or simply provide the court with an update on the rule - thus delaying publication of a final rule beyond November.
On Tuesday, November 1, the Department of Transportation (DOT) officially transmitted FMCSA’s final draft of the rule to the White House’s Office of Management and Budget (OMB) for review. This is the last step in the government’s regulatory process and can normally last between 30 and 90 days.
There is no guarantee that OMB will simply sign off on the final rule as submitted by the FMCSA. It is not uncommon for OMB to return a rule for modification, which can add more time to the process. Once OMB has signed off on the rule, it will return to the DOT before it is published in the Federal Register.
While the rule is at OMB, it is not available to public view or inspection. The only information provided to the public is:
“This rulemaking would propose changes to the hours of service requirements for drivers operating a commercial motor vehicle transporting property. The requirement for this rulemaking was established on Oct. 26, 2009, when Public Citizen et al. (petitioners) and FMCSA entered into a settlement agreement under which petitioners´ petition for judicial review of the Nov. 19, 2008, final rule on drivers´ hours of service will be held in abeyance pending the publication of an NPRM reevaluating the hours of service rule.”
This isn’t the first time HOS has been involved with litigation forcing a redraft. Click here to see a timeline that led up to the most recent lawsuit (Courtesy of Jami Jones, Land Line Senior Editor.)
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
With so much attention on the final rule to change truck drivers’ hours-of-service (HOS), a slightly less contentious issue is also in the hands of the White House’s Office of Management and Budget (OMB): the proposed rule to ban cell-phone use by commercial drivers.
Unlike HOS reform, the proposed cell-phone ban is expected to move through the OMB review process more swiftly.
According to the FMCSA’s submitted abstract, this rulemaking “would restrict the use of mobile telephones while operating a commercial motor vehicle.” In addition, the rulemaking addresses a safety recommendation on the National Transportation Safety Board’s “Most Wanted List”.
Many in the trucking industry have asked for the distinction between the use of handheld and hands-free mobile devices, arguing that hands-free use does not elevate crash risk, and perhaps even reduces it.
NTSB acknowledged that the recommendation to ban all cell phone use – including hands-free devices – may not be popular. According to NTSB Chairman Deborah Hersman, “We’re not here to be popular. We’re here to do what needs to be done.”
This is another step in the Department of Transportation’s ongoing national effort to curb distracted driving. Late last year, a rule that bans the specific act of texting while operating a commercial motor vehicle was finalized and became law.
For more information on DOT’s efforts to reduce driver distraction, please visit www.distraction.gov.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Article Courtesy of Bob Perry, President of Rolling Strong™, The Trucker Trainer™, Chair of the American Trucking Association's Safety Management Council's Health & Wellness Working Group, and Public Member of the FMCSA Medical Review Board
The dreaded cold and flu season is upon us! Follow these tips to ramp up your immune system and keep it running strong to fight off germs:
Vitamins - If you don't already, take a good multi-vitamin, consumed right after you eat. You can also use Echinacea, extra Vitamin C and garlic for an extra boost.
Nutrition - Make sure to eat in the mornings, always including a good lean protein source and avoid going long periods without eating.
Sanitizer - Keep hand sanitizer on you at all times and wash your hands for at least 20 seconds multiple times a day. Other sanitation tips for staying healthy this flu season: wipe down your steering wheel and door handles daily, use paper towels to open bathroom doors, open doors using your knuckles, wear gloves when you can, always carry a handkerchief and use your arm to cover your mouth when coughing.
Exercise - Continuing your exercise regime is key to staying healthy through the winter. Keep your circulation running strong!
There is always controversy around the benefits of getting a flu shot and whether or not they are safe. It's good to do your own research to determine if getting a flu shot is the right protection for you.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Documents You Don't Want to Lose
By Derek Hinton of Layover.com
For whatever reason, I’ve heard versions of the same story several times over the past month: “I wasn’t really even looking for a job, but this dedicated route came open I heard about over at ‘XYZ Trucking’. They were moving fast and asked for my ‘X’ and I couldn’t find it. Anyway, by the time I got what I needed, they said they had the route filled.”
There are several documents you should be able to lay your hands on quickly even if you are not looking for a job. You should be at least somewhat prepared when an opportunity presents itself or, on the other hand, you find yourself jobless.
You should be able to produce the following documents even if you’re not looking for a job:
- Your Employment History with accurate dates of service up to your current employment. You will need this information for the past 10 years for commercial driving employment. You will need the past three years of all employment. It is important to make sure that inaccurate information is not being reported by a previous employer. If so, get it corrected before the inaccurate information causes you to miss a job opportunity. A good way to accomplish both of these goals is to get a copy of your DAC Report.
- An Accident Report, especially if you’ve had an accident that shows up on your MVR, DAC or PSP that wasn’t your fault. Accidents/Crashes can be a quick killer of your chances. If your truck got hit by the little old lady driving the Buick Regal who failed to see the stop sign, the accident may show up on your MVR as “ACCIDENT”. Make sure you have the accident report to show the details.
- If you were in the military, especially in the past 10 years, have a copy of your DD214. Many motor carriers love to recruit past military personnel. The discipline required seems to translate well for commercial driving. Have a copy of your discharge papers.
- If you have attended a driving school or received safe driving awards, keep a copy. Employers want to verify your training and hire a safe driver.
- You should also obtain your PSP Report. This report contains 5 years of crash data and 3 years of inspection data. With CSA, employers are increasingly looking at this report prior to hiring drivers. And again, the reports can be wrong and there are ways to dispute the information. You want to do this before—not after the information has hurt you.
- Finally you should know what shows on your MVR. Whether you’ve received citations or not, there may be something on your MVR that can affect your driving status.
It’s maddening to miss a job you should have got or go without a paycheck because of paperwork. Assemble just a basic file of documents and keep it safe. DOTJobHistory can obtain, help you correct and securely store all this information for instant use. But regardless of whether you use DOTJobHistory or do it yourself, it pays to be prepared.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.