Today, the FMCSA announced a final Hours-of-Service (HOS) rule that the trucking industry has been awaiting since the proposed rule was first announced this time last year.
Although many are breathing a sigh of relief that the FMCSA decided to maintain the current 11-hour daily driving limit and the 14-hour “on-duty” limit, a mandatory 30-minute break will now be required within a truck driver’s first eight hours of being “on-duty” under the final HOS rule.
Also, the maximum number of hours a truck driver can work within a week has been reduced to 70 hours within a 7-day period. Under the old rule, truck drivers could work up to 82 hours within a seven-day period.
In addition, the FMCSA has added limitations to the “34-hour restart” provision and amended the definition of “on-duty” time by excluding any time resting in a parked CMV.
With respect to the “34-hour restart”, the final HOS rule makes two significant changes: First, a driver may use the restart provision only once every week (defined as 168 consecutive hours). Second, the restart must include 34 consecutive hours off duty with two consecutive periods of 1am to 5am.
The final HOS rule is expected to be published in the Federal Register on December 27, 2011. Commercial truck drivers and companies must comply by July 1, 2013.
Tough new penalties will be imposed for violations of the final HOS rule. Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 per offense.
The American Trucking Associations (ATA) has already prepared a one-page summary of the final HOS rule, along with a comparison chart.
The ATA has also expressed their dissatisfaction with the final rule. ATA President & CEO Bill Graves stated that the “FMCSA has chosen to eschew positive safety data” and has issued a final rule that will “have no positive impact on safety.” Referring to the changes as “unnecessary”, Graves added that the new rule could actually “increase the risk of crashes."
“If there is a positive in this rule, it is the lengthy period of time before it becomes effective,” Graves said of the 18-month delay in the rule’s compliance date. “This will give ATA time to consider legal options. And, by delaying implementation of this rule, the agency is acknowledging there is no safety crisis on our highways.”
HOS Final Rule Resources
Complete Final Rule
FMCSA’s Final HOS Rule Page
FMCSA’s Questions & Answers Page
ATA Final HOS Summary Page
ATA Final HOS Comparison Chart
Transport Topics Special HOS Report
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.
Trucking 2011: Year in Review - CSA, HOS, Distracted Driving, & more
As 2011 winds to a close, it proved to be another year full of safety and regulatory changes.
This special Year in Review segment highlights some of the articles from some of the most controversial and widely followed topics throughout the year.
We'll begin with Hours-of-Service (HOS) since this has been the most contested topic this year.
Hours of Service
• Happy Holidays! New Truck Driver HOS Rule expected by Christmas (12/05/2011)
• Final Truck Driver HOS Could Come Soon (11/10/2011)
• New Truck Driver HOS Deadline Looms – What’s Next? (10/20/2011)
• Truck Drivers’ Final HOS Rule Expected by October 28 (09/22/2011)
• FMCSA Delays Release of new Driver Hours-of-Service Rule (06/19/2011)
• FMCSA Publishes New Hours of Service Proposed Rule (01/16/2011)
Distracted Driving
• Final Rule Prohibits Hand-Held Cell Phone Use by CDL Truck Drivers (12/06/2011)
• Industry Awaits Final Rule to Ban Cell-Phone Use by CDL Drivers (11/09/2011)
• NTSB Recommends Complete Cell Phone Ban for Truck Drivers (09/22/2011)
• FMCSA Proposes Rule to Ban Hand-Held Cell Phone Use for Truck Drivers (01/17/2011)
Compliance, Safety, Accountability (CSA)
• CSA Report Reflects Positive Feedback from Trucking Industry (12/04/2011)
• CSA Study Reveals Strengths & Weaknesses (09/24/2011)
• Report Reveals Most Truck Drivers Lack CSA Understanding (08/22/2011)
Sleep Apnea
• FMCSA Receives Sleep Apnea Recommendation for Truck Drivers (12/08/2011)
• FMCSA Adds Sleep Apnea Page to Website (07/13/2011)
• FMCSA Considers New Information on Sleep Apnea & Diabetes (07/12/2011)
Driver Medical Certification
• Update to Truck Driver Medical Certificate Changes (12/05/2011)
Driver Shortage
• Many Trucking Companies Facing Driver Shortages (02/07/2011)
Drug & Alcohol Testing
• Pending Bill to Address Drug/Alcohol Testing of CDL Drivers (05/12/2011)
EOBRs / Electronic Logs
• FMCSA Proposes EOBR Mandate for All Interstate Truck Drivers (02/03/2011)
Various Safety
• Economy, Hours-of-Service, Driver Shortage Top Trucking Concerns (10/19/2011)
• CDL Drivers: Reduce Accidents with Safe Backing Procedures (07/16/2011)
• Roadcheck 2011 Shows CDL Driver Safety Continues to Improve (07/15/2011)
• Will the FMCSA Begin Ranking CDL Drivers? (07/14/2011)
• Top 10 Work Zone Safety Tips for CDL Drivers (04/17/2011)
• FMCSA Regulatory Update (03/05/2011)
• Video Interview: FMCSA Administrator Discusses Safety Strategy (03/05/2011)
• Winter Weather Truck Driving (01/04/2011)
Driving Ambition will continue to blog with updates on important safety and regulatory topics. You can also visit us on Facebook, LinkedIn, and Twitter for additional information.
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 written by Jim Fairfield, Director of Safety & Human Resources
Okay, here’s your Safety Trivia Question of the Day (and you can use this at your next social gathering to impress your friends and competitive wannabe acquaintances). What causes $3.6 billion dollars of damage annually and is involved in 1.6 million vehicle accidents each year? If you guessed poorly inflated tires, go sit down…you’re wrong! The correct answer is Bambi and her band of brothers. Yes, deer are a major safety issue on America’s roadways.
Vehicle accidents involving deer are on the rise. The Deer-Vehicle Crash Information Clearinghouse state deer-vehicle crashes are “a significant and increasing transportation safety problem”. The American Trucking Associations (ATA) and the National Highway Traffic Safety Administration (NHTSA) agree the 1.6 million deer-vehicle accidents are alarming and not likely to decrease. The age old question of “why did the deer cross the road” was addressed recently by Matt Tholen of the Indiana Department of Natural Resources. Matt explains it’s a mating issue. He says, “The does are running around and the males are focused on finding female deer. Deer are moving a lot more because of weather patterns, too”.
So, as the leaders of Deer Nation do not seem to be proactively training their frisky and very socially friendly deer population how to better mix with vehicles on the roadway, we’re going to take responsibility. What can professional CDL truck drivers do to prevent deer-vehicle crashes? State Farm Insurance and the ATA offer the following tips:
- Watch for posted “deer crossing” signs. Signs are added to roadsides where deer historically like to cross the roadways. If you see a sign, immediately convert to extra defensive driving mode.
- Be aware that deer are on the move most at dusk and dawn. Use your high beam headlights, as much as you safely can, during these times to illuminate the sides of the road where deer can be hanging out.
- Understand deer move in packs…deer gangs if you will. If you see one deer, there’s an excellent chance their posse is nearby.
- The experts say deer whistles are not an effective deterrent for the traveling animals. Don’t rely on them to keep you safe.
- When on the interstate during prime time for deer movement, when possible, use the middle lane. This gives you increased visibility and maximum reaction time should an adventurous deer dart out from the woods.
- If you see a deer, experts suggest “stay in your lane and don’t swerve”. Obviously slow down if it is safe to do so. With that in mind, watch for other motorists slowing for deer. Don’t hit them due to your inattention. Lastly, some drivers claim they have had success sounding their horn to scare the deer from the roadway.
- If hitting a deer is inevitable, as odd as it sounds, it is safest for you to hit the deer straight on. Research crash experts indicate hitting a deer while swerving increases the chance for personal injury.
Melissa Miles, senior research analyst for State Farm may have said it best. Melissa feels “While research has revealed several innovative ways to deter deer from entering the roadways and alerting drivers to the dangers of deer in the area, there will always remain a constant danger of deer-vehicle collisions.” She says “Undoubtedly, the best way to avoid deer-vehicle collisions is through attentive driving behavior.”
So, it does not appear Bambi or the Deer Nation are changing their behavior or attitude about safety on the roadways. Therefore, the ball falls in our court to increase our attentiveness on America’s roadways.
Be safe out there!
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.
On December 7, the Motor Carrier Safety Advisory Committee (MCSAC) and the Medical Review Board (MRB) of the FMCSA held a joint public meeting on Obstructive Sleep Apnea (OSA). The meeting, which was also accessible to the public via the web, resulted in two significant recommendations to the FMCSA.
The first recommendation asks the FMCSA to issue new guidance to medical examiners that CDL drivers with a Body Mass Index (BMI) of 35 or greater be evaluated for OSA. BMI, a measurement of body fat based on height and weight, is considered a primary indicator that a person may have sleep apnea. A BMI of 35 was chosen as the “trigger” for screening since the higher the BMI, the greater the risk of sleep apnea.
Under the recommended guidance, medical examiners won’t be required to send drivers with a BMI of 35 to sleep labs, but the guidance would serve as a strong hint. Click here to see your BMI using a BMI Calculator.
In addition, the two committees agreed to approve a recommendation that commercial drivers would be immediately disqualified from driving if they meet any of the following criteria:
- Having reported excessive sleepiness while driving
- Having experienced a crash associated with falling asleep
- Exhibiting Apnea-Hypopnea Index (AHI) scores of 20 or greater until they’re treated with a CPAP (they can be conditionally certified based on the criteria for CPAP compliance)
- Having undergone apnea surgery and pending the findings of a post-operative evaluation
- Being found effectively non-compliant with CPAP treatment
Both recommendations are not official guidance from the FMCSA, but are intended as interim guidance until further rulemaking officially addresses sleep disorders in FMCSA regulations. Before the interim guidance could be “officially” adopted by FMCSA, it would need to be published and put up for public comment.
The FMCSA’s MRB is advisory in nature, and cannot approve its suggestions. The MRB’s recommendations are forwarded to FMCSA, which can choose to adopt, amend or ignore the recommendations.
The two advisory panels (MCSAC and MRB) have formed a joint subcommittee in order to produce recommendations for an eventual rule that could set standards for sleep apnea screening, evaluation and treatment. Another meeting is scheduled for February 6-9 to finalize more detailed recommendations. It’s expected that the FMCSA will receive another joint recommendation by March 2012.
Spotlight on Sleep Apnea
Earlier this year, to educate truckers and motor carriers about sleep apnea, the FMCSA dedicated a section of its website to the disorder. FMCSA’s Spotlight on Sleep Apnea includes a variety of information and resources developed by the National Sleep Foundation. In addition to information on diagnosis and treatment of the condition, the site includes a poster, fact sheet and quiz that carriers can use to educate their drivers. The site also includes a Sleep Diary that anyone can use to help identify factors that may be contributing to sleep problems.
Left untreated sleep apnea puts an individual at greater risk for a variety of serious medical conditions, including high blood pressure, heart attacks and strokes. In addition, the repeated sleep disturbances caused by the disorder often result excessive daytime sleepiness – a major risk factor for motor vehicle accidents. As such commercial motor vehicle drivers diagnosed with moderate to severe sleep apnea are considered medically unqualified until they have been successfully treated for the disorder.
Sleep apnea is often successfully treated through lifestyle changes, medical treatment or a combination of the two approaches. Lifestyle changes shown to reduce sleep apnea problems include weight loss, avoiding alcohol and sleeping pills, quitting smoking and sleeping on your side or stomach. Common medical treatments include CPAP devices, oral appliances and surgery.
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.
On Friday, December 2, the Federal Motor Carrier Association (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a joint final rule prohibiting the use of hand-held cell phones by CMV interstate truck drivers and intrastate hazmat truck drivers. The final rule will take effect on January 3, 2012.
CDL drivers are prohibited from holding, dialing, or reaching for a hand-held cell phone – this includes all “push-to-talk” functions. The final rule does not restrict or prohibit the use of hands-free devices. The new rule permits truck and bus drivers to use handheld cells after they have moved their vehicles to the side of or off of a highway or have stopped where the vehicle can safely remain stationary.
The American Trucking Associations (ATA) has created a summary of the final rule, which can be viewed by clicking here.
Violations of the rule qualify as “serious traffic violations” under FMCSA regulations. Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense. Additionally, states will suspend a driver's CDL after two or more serious traffic violations. Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000.
This is the latest action by the Department of Transportation (DOT) to end distracted driving among commercial truck drivers - a major focus of the DOT since 2009. In September 2010, FMCSA issued a regulation banning text messaging while operating a commercial truck or bus.
“When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly,” said U.S. Transportation Secretary Ray LaHood in a statement today announcing the final rule. “I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel.”
To view the final rule in its entirety, click here. To learn more about the DOT's efforts to stop distracted driving, please visit http://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.
In a November 28 U.S. Court of Appeals filing, the FMCSA stated it would release a final truck driver Hours-of-Service (HOS) rule within 30 days. The HOS rule is currently in the final stages as it undergoes review at the White House Office of Management and Budget (OMB).
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.”
The proposed HOS rule was first released late last year and has attracted a great deal of criticism as many in the industry challenge the potential increase in the cost of doing business. Even more cite the industry’s continued success in reducing truck crash and fatalities and question the need for a change from the current HOS which have been in effect since 2004. [For details of the proposed HOS rule, please visit FMCSA Publishes New Hours of Service Proposed Rule.]
The FMCSA has already postponed one final HOS rule deadline, the July 26 deadline set by a federal judge in October 2009. The July 26 date was set when a suit against the FMCSA was settled. [For more background on the settlement that led to a new proposed HOS rule, please visit A Change to Drivers Hours of Service.]
Although the industry expects the FMCSA to announce significant changes this month, the new rule will not go into effect right away. Besides the fact that the industry and enforcement community will likely be given at least several months to prepare for the changes, you can count on a lawsuit being filed and a request for a stay of the current HOS rules.
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.
In 2008, the FMCSA issued a final rule that changes the way states must verify the medical certification for commercial truck drivers who are renewing or applying for a CDL.
The purpose of the changes is to link the medical certificate to the CDL and include the driver medical record in the Commercial Driver’s License Information System (CDLIS), the federal electronic database. The new rule will help prevent medically unqualified drivers from operating on the Nation’s highways by providing state licensing agencies a means of identifying interstate CDL holders who are unable to obtain a medical certificate and taking action to downgrade their CDLs accordingly.
On November 15, 2011, the FMCSA published a final rule that extends the requirement that drivers maintain a copy of their medical certificate on their person. The requirement was originally scheduled to expire on January 30, 2012, but the extension was necessary because all states are not yet able to post the required data on the CDLIS driver record. Once all states are deemed in compliance, FMCSA will drop the requirement to keep paper copies of the medical examiner's certificate.
Starting January 30, 2012:
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Drivers applying or renewing their CDL must certify with their State Driver License Agency (SDLA), or DMV, what interstate or intrastate driving category they fall under
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Drivers applying or renewing their CDL under the non-exempted interstate category must provide an original or copy of their medical examiner’s certificate to their SDLA. Note: Current CDL holders don't need to have their medical certificate on file beginning on January 30, 2012, but will need to submit the first new one they receive after that date (no later than January 30, 2014)
- New: CDL drivers must continue to retain paper copies of their medical examiner's certificate until January 30, 2014
- New: Motor carriers are also required to retain copies of their drivers' medical certificates in their driver qualification files.
Prior to the extension, the rule stated that once the information is entered into CDLIS, truck drivers would not be required to present the valid medical card for inspections or employment since access to the information will be available electronically.
With the recent extension, CDL drivers will now need three copies of their medical certification: One on their person, one in their employer motor carrier's driver qualification file, and one deposited at the SDLA.
What remains to be seen is what will happen to medical certificates that are submitted to the SDLA after January 30, 2012, but before the State is ready to start processing them into CDLIS. There is no consensus thus far as to whether the State will refuse to accept them, accept them and discard them, or accept them and then enter them once they have the capability to do so.
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.
Courtesy of the Ohio Trucking Association
If your local media hasn’t picked up on it yet, the central core highways of Columbus are going to be a mess for several years and we would advise strongly to make sure your drivers take the I-270 outerbelt unless they have scheduled deliveries in the city.
Construction will also be popping up on the western and southern legs of I-270, but that option is way better than taking I-71 or I-670 through town.
Currently, placarded hazmat loads are routing around Columbus on I-270 and have been for years, but city council is in the process of changing the violation to a M-1, which carries up to a $1,000 fine, up to six months in jail and a mandatory court appearance. If you are pulling a placarded HM load and do not have a drop off or pick up inside I-270, go around.
Due to some nasty truck accidents in the area in recent months, we are sure that the Columbus police, county sheriff and highway patrol will be paying particular attention to trucks regarding compliance with reduced speed limits and other traffic laws.
Please pass this on to all of your drivers.
About Columbus Crossroads
The Columbus Crossroads project, one of the largest highway projects in Ohio, is kicking off this September with reconstruction of the I-71/670 interchange. This first phase of I-70/71 construction will be completed in 2014. The $200 million I-71/670 project will improve safety, reduce congestion, and connect neighborhoods. It will add a new travel lane on I-670 and reduce weaving across traffic lanes to exits. Twenty-two new bridges will be built, including one with a first of its kind cultural wall designed with community input.
For more information about Columbus Crossroads, and for project updates, visit www.odot71670.org
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.
The American Transportation Research Institute (ATRI) has released a report detailing the impact that Compliance, Safety, Accountability (CSA) has had on the daily operations of trucking companies.
CSA, which was implemented in December 2010, gathers inspection and violation data about motor carriers, then assigns weights to them and gives scores to the carriers and drivers based on their compliance with safety regulations.
ATRI’s report also describes and analyzes motor carrier attitudes toward and comprehension of FMCSA’s new regulatory program, based on survey data collected from 695 motor carriers.
While first year CSA impacts have not been dramatic, carriers who self-reported having one or more BASICs above threshold were markedly more likely to experience negative changes to their shipper and broker utilization, and insurance rates.
Although insurance costs have remained largely unchanged in CSA's first year of deployment, a small proportion of carriers (12.2%) who did experience a change almost equally reported insurance costs rising versus lowering since CSA's national implementation.
It also appears that smaller carriers are more closely scrutinized than their larger counterparts even though they had fewer self-reported BASICs above threshold.
Overall, however, most carriers believed CSA represents an improvement over SafeStat, and that it will remove unsafe carriers and drivers from the industry and improve safety.
This is the second report released by ATRI examining CSA impacts. Earlier this year, ATRI released the results of its commercial driver CSA survey.
“Our plan is to conduct both of these CSA surveys annually,” commented Rebecca Brewster, ATRI president and COO, “and we believe that both surveys will become key annual indicators of CSA impacts and progress over time.”
Later this year ATRI will release its full CSA study, reflecting both carrier and driver CSA impacts, along with additional CSA statistical analyses.
A copy of the motor carrier and driver survey results are available from ATRI at www.atri-online.org.
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.