A Penske Truck Leasing Safety Department Presentation Management Safety Seminar Place Of Meeting...

A Penske Truck Leasing Safety Department Presentation

Management Safety SeminarPlace Of Meeting

Address Of MeetingCity, State

Day, Month, Date, Year

Copyright © 2014 Penske All Rights Reserved.

Our Topic Today

FMCSA Regulatory Update


The Regulatory Engine Is In Overdrive


Why?

► Change In Executive Leadership In 2008

► Multiple Rulemakings Have All Finally Matured

► Ongoing Congressional & Popular Mandate To Further Reduce Highway Fatalities

► The NTSB Has Been Very Critical Of The FMCSA

► Commercial Motor Vehicle Safety Act (July 2012)

Failure to Maintain A DOT Medical Certification Will Have Much More Severe Consequences.


You Have To Be Involved!

The Motor Carrier Safety Act Of 2012 Requires The FMCSATo Act On 29 Different Safety Regulatory Initiatives

In Case You Missed Them2012 Changes


FMCSR 392.82Hand Held Cell Phone Ban 1/3/2012

► No Driver Shall Use A Hand-held Mobile Telephone While Driving A CMV.

► This Includes Use Of A Hand-held Mobile Telephone For GPS Info.

► 10 Point CSA Violation

► $2,750 Max Civil Fine For Drivers

► $11,000 Max Civil Fine For Company’s That Allow/ Condone Hand Held Cell Phone Use

► Hands-free Use Of A Mobile Telephone Is Allowed Using Either A Wired Or Wireless Earpiece, Or The Speakerphone Function Of The Mobile Telephone.


► Fact Hands-Free Phones Are No Safer Than Handheld Phones.

► Any PDA/Cell Phone/Use Is A Distraction That Detracts From The Brain’s Ability To Focus On Safe Driving.

► Driving While Using A Cell Phone Reduces The Amount Of Brain Activity Associated With Driving By 37 Percent (Carnegie Mellon)

► Distraction From Cell Phone Use While Driving (Hand Held Or Hands Free) Extends A Driver's Reaction As Much As Having A Blood Alcohol Concentration At The Legal Limit Of .08 Percent. (University Of Utah)

► The No.1 Source Of Driver Inattention Is Use Of A Wireless Device. (Virginia Tech/NHTSA)

Page 8


The Pace Of Violations Is Speeding Up

►January 2013 Cell Phone Fines Assessed $1,614,250

►April 2013 Cell Phone Fines Assessed $4,081,000

►August 2013 Cell Phone Fines Assessed $6,688,000

►December 2013 Cell Phone Fines Assessed $10,070,500


Some Thoughts To Consider

► Vague And Ambiguous Fleet And Driver Safety Policies Will Hurt You More Than They Will Help You.

► The Best Fleet And Driver Safety Policies Grow With Your Experiences, Good And Bad.

► Having A Comprehensive Cell Phone Use Policy Is Must.

► Teaching Drivers The Dangers Of Distracted Driving Is Also A Must.

Copyright © 2014 Penske. All Rights Reserved.

Hours of Service Definition ChangeEffective 2/27/2012

(1) The Definition Of “On Duty” Time Has Changed.

Under The Old Rule, “On Duty” Time Included Any Time In A Commercial Motor Vehicle, Except In The Sleeper Berth.

Under The New Rule, “On Duty” Time Will Not Include Any Time Spent Resting In A Parked Commercial Motor Vehicle.

This Time Will Not Stop Or Extend The 14 Hour Clock.

(2) A New Definition And New Penalties For Violations Of HOS Requirements Have Been Added.

Under The Old Rule, “Egregious Violations” Were Not Defined.

Under The New Rule, Driving (Or Allowing A Driver To Drive) 3 Or More Hours Beyond The Driving-time Limit May Be Considered An Egregious Violation

And Subject To The Maximum Civil Penalties.

Therefore, 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 For Each Offense.


The DOT Medical Certificate

► Required For Interstate & Intrastate Commerce.

► Up To The DRIVER To Get And Maintain.

► Drivers Should Know The Expiration Date Of Their Medical Card.

► They May Not Legally Operate A CMV Without Having This Certificate On Their Person.

► No Good If It Has EXPIRED.

The DOT Is Cracking Down On Medical Card Issues


Change in CVSA Out Of Service CriteriaApril 2012

Two Of The Most Frequent Roadside Inspection Violations Involve DOT Medical Certificates

-Expired DOT Medical Certificate

-Failure to Possess A DOT Medical Certificate

As Of 4/1/2012, On The Second Time A Driver Is Caught With EitherOf The Above Violations, The Driver Will Be Placed Out Of Service


December 2012Changes In CSA Terminology & Methods

1. Improved The Vehicle Maintenance BASIC By Incorporating Cargo/Load Securement Violations From The Cargo-Related BASIC

► Moving Cargo/Load Securement Violations Into The Vehicle Maintenance BASIC Will Provide Important Benefits.

► It Will Identify Motor Carriers With A Higher Future Crash Risk For FMCSA Interventions.

► Also, Including The Load Securement Violations In The New Vehicle Maintenance BASIC Will Remove The Bias In The Current Cargo-related BASIC That Has Resulted In Identifying A Disproportionately Large Number Of Carriers That Haul Open Trailers (E.G., Flatbeds) For Interventions.

► The New Vehicle Maintenance Basic Will Better Identify Safety Issues Across All Types Of Carrier Operations.



2. Changing The Cargo-related BASIC To The HM Compliance BASIC To Better Identify HM-related Safety And Compliance Problems



3. Modifying The SMS Display

► FMCSA Is Responding To Feedback From Enforcement And Industry To Change How Fatalities And Injuries Caused By Crashes Are Presented In SMS, And To Stakeholder Requests For More Specific Terminology In The BASIC’s. In The Package Of Enhancements Being Previewed, The SMS Display Has Been Modified To:

► Change Current Terminology, “Inconclusive” And “Insufficient Data,” To Fact-based Descriptions. Fact-based Descriptions Are Easier For Stakeholders To Understand And Interpret And Will Enable Them To Take More Effective And Targeted Actions To Improve Safety.

► Separate Crashes With Injuries From Crashes With Fatalities. This Eliminates A Potentially Misleading Interpretation That A Carrier Has More Fatalities Than It Actually Does.



In Addition, Four Additional Changes Have Been Identified And implemented.

1. Removing 1 To 5 MPH Speeding Violations

►FMCSA Has Aligned Speeding Violations To Be Consistent With Current Speedometer Regulations (49 CFR 393.82) That Require Speedometers To Be Accurate Within 5 MPH.

►Applies To The Prior 24 Months Of Data Used By SMS And All SMS Data Moving Forward.

►However, Any Speeding Violation Can Still Trigger A Roadside Inspection.



2. Lowering The Severity Weight For Speeding Violations That Do Not Designate MPH Range Above The Speed Limit.

►The Severity Weight Will Be Lowered To 1 For These Violations.



3. Aligning paper and electronic logbook violations

► FMCSA will equally weight paper and electronic logbook violations in SMS for consistency purposes.



4. Change The Name Of The Fatigued Driving (Hours-of-service (HOS)) BASIC To The HOS Compliance BASIC

►This BASIC Continues To Have A Strong Association With Future Crash Risk.

►This Action Is Being Taken To Reflect That The BASIC Includes Hours Of Service Recordkeeping Requirements That, By Themselves, Do Not Necessarily Indicate Fatigued Driving Or Driving In Excess Of Allowable Hours.


Future Changes To CSA Terminology & Methods

► Updating The CSA Database To Include Adjudications That Find The Driver And Their Company Not Responsible, Not Guilty, Or If The Violation Is Unfounded.

► Updating The CSA Database To Exclude From The Crash BASIC Those DOT Recordable Accidents For Which The Driver Is Not At Fault.

The Year Just Passed2013 Changes


FMCSA Announces Steps to Reduce GPS-Caused Bridge Strikes March 2013

► The FMCSA Will Begin Issuing Official Recommendations To Members Of The Commercial Trucking Industry On The Proper Uses Of Global Positioning System Navigation Devices And Incorporate GPS Training Into New Entry-level Certification Programs For Commercial Motor Vehicle Operators.

► This Means That Commercial Drivers Will Be Trained, And Reminded, To Only Use GPS Systems Designed Specifically For The Industry.

► These Specialized Units Take Into Account The Specifics Of The Truck They're In, Including The Height, Weight And Contents, And Will Then Route The Trucks Onto Appropriate Roads.

► The Consumer GPS Units Too Often Being Used Are Frequently Routing Trucks Onto Inappropriate Roads, Causing Them To Crash Into Low Overpasses And Bridges.


Hours of Service ChangeEffective 7/1/2013

(1) The New HOS Rule Limits The Use Of The 34 Hour Restart.

(A) The 34 Hour Re-start Provision Can Only Be Used Once A Week.

In Other Words, Every 168 Hours.

(B) Must Include Two Periods Between 1 AM And 5 AM Home Terminal Time.

In Instances Where The Driver Has Multiple 34 Hour Resets In One Week, The Driver Must Designate Which Of The Periods Will Be

Used For The Beginning Of The 168 Hour Period.

Violations Of The New 34 Hour Restart Rule Are 7 Point CSA Severity Point Assessments


Hours of Service ChangeEffective 7/1/2013

(2) The New Rule Requires Rest Breaks

A Driver May Drive Only If 8 Hours Or Less Have Passed Since End Of Driver’s Last Off-Duty Period Of At Least 30 Minutes.

This rule does not apply to:

All drivers (CDL and non-CDL) that operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of 395.1(e)(1).

Non-CDL drivers that operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and recordkeeping requirements of 395.1(e)(2).

Violations Of The New 34 Hour Restart Rule Are 7 Point CSA Severity Point Assessments


This Is the End

Dateline August 2nd, 2013

According The US District Court Of Appeals Written Decision,

“With one small exception, our decision today brings to an end much of the permanent warfare surrounding the HOS rules. Though FMCSA won the day not on the strengths of its rulemaking prowess, but through an artless war of attrition, the controversies of this round are ended.”


Do You Know This Man?

U.S. Representative Richard Hanna (R) - 22nd NY District (Binghamton, Rome, Utica )

H.R. 3413: TRUE Safety Act

This Bill Would Require A Study And Report By The Comptroller General Regarding The Restart Provision Of The Hours Of Service Rules For Commercial Truck Drivers, And For Other Purposes.

While This Study Is Being Conducted, The 7/1/2013 Hours Of Service Changes Would Be Placed On Hold.

33% Chance Of Getting Past Committee.8% Chance Of Being Enacted.


MCS-150 Changing To MCSA-1 Replaces The Current MCS-150 And OP-1 Forms. The Form MCSA-1 Must Be

Submitted Electronically.

Carriers That Currently Have A USDOT Number Do Not Have To File The MCSA-1 Until They Are Required To Update Their Information.

A Motor Carrier That Fails To Update Their Form MCSA-1 Information Every Two Years Will Be Subject To Deactivation Of Their USDOT Number.

THIS PROVISION IS EFFECTIVE AND COMPLIANCE IS REQUIRED ON NOVEMBER

1, 2013.

Beginning November 1, 2013, The FMCSA Will Issue A Warning Letter 30 Days In Advance Of A Biennial Update Deadline To Notify The Entity That Its USDOT Number Will Be Deactivated If It Fails To Comply With The Biennial Update Requirement.

Only After An Entity Has Failed To Heed That Warning Will The Agency Begin Deactivating USDOT Registrations.


Deactivation Dates

Update Required In Month Of: January February March April May June July August September October

Deactivation Date March 2014 April 2014 May 2014 June 2014 July 2014 August 2014 September 2014 October 2014 November 2014 December 2014

The Year Present2014 Changes


Food Safety Modernization Act1/31/2014► Not A DOT Issue But an FDA Initiative.

The Rule Will Cover

► Vehicles And Transportation Equipment: The Design And Maintenance Of Vehicles And Transportation Equipment To Ensure That It Does Not Cause The Food That It Transports To Become Contaminated.

► Transportation Operations: The Measures Taken During Transportation To Ensure Food Is Not Contaminated, Such As Adequate Temperature Controls And Separation Of Food From Non-food Items In The Same Load.

► Training: Training Of Carrier Personnel In Sanitary Transportation Practices And Documentation Of The Training.

► Records: Maintenance Of Written Procedures And Records By Carriers And Shippers Related To Transportation Equipment Cleaning, Prior Cargos, And Temperature Control.


Patterns of Safety Violations by Motor Carrier Management► Effective 2/21/2014

► Allows The FMCSA To Suspend Or Revoke The Operating Authority Registration Of For-Hire Motor Carriers That Show Egregious Disregard For Safety Compliance, Permit Persons Who Have Shown Egregious Disregard For Safety Compliance To Exercise Controlling Influence Over Their Operations, Or Operate Multiple Entities Under Common Control To Conceal Noncompliance With Safety Regulations

► The Rule Also Puts The Onus On Motor Carriers To Hire Quality People In Positions Of Control Over Safety Operations


Med Card / CDL MergeData Collection Ended 1/30/2014

Affects Only Drivers With CDL’s

What Has Changed?

A CDL Driver’s Medical Card Status Is Now Linked To Their CDL Record (aka CDLIS)

Medical Card Expirations Will Be Electronically Monitored.

Essentially, A Driver’s CDL Will Be Valid As Long As The Driver’s Medical Card Is Valid

What Should Driver Have Already Done?

Reported To Their State Driver Licensing Agency (SDLA) Their Medical Card Status.


What Would Happen If A CDL Holder Does Not Keep Their Medical Card Current?

Their CDL Will Be Downgraded.

States Do Have “Grace” Periods, But Using Them Should Be A Last Resort.

Until There Is A Different Rulemaking (I.E. Registry II), The CDL Holder Is Responsible For Getting Their New Recertification's To Their State DMV/RMV BEFORE Their Current Medical Card Expires.

Drivers Should Plan On Renewing Their Medical Card At Least One To Two Months In Advance.

Why?

-States Need Time To Enter The Information Into The Appropriate Databases.

-Time May Be Needed To Address Medical Issues Found During A Recert Examination.

-When Registry I Takes Effect, The Number Of Available Appointment Slots Will Be Dramatically Reduced


What Should Driver Managers Do?

Invite Yourself To The Party.

The Merge Is A Transaction Between The DMV/ RMV And Your Driver

Employers Have No Visibility.

The Only Way To Know If A Driver Has Completed The Merge Would Be To Verify It Via Their MVR.

Depending On The State, Drivers Can Verify That Their Own Information Has Been Received By DMV/ RMV.


National Registry I(National Registry of Certified Medical Examiners)

The National Registry of Certified Medical Examiners (National Registry) is a new Federal Motor Carrier Safety Administration (FMCSA) program.

It requires all medical examiners (MEs) who wish to perform physical examinations for commercial motor vehicle (CMV) drivers to be trained and certified in FMCSA physical qualification standards.

Medical examiners who have completed the training and successfully passed the test will be included in an online directory on the National Registry website.

Under the rule, applicants who wish to be certified as a medical examiner must register through the National Registry website. They’ll then train to pass a certification test required by the Federal Motor Carrier Safety Administration.

Medical certificates issued before May 21, 2014, are valid until the expiration date.

Medical examiners that don’t meet or maintain the rule’s minimum standards would be removed from the National Registry.


Troubles On The Horizon?

► Eileen M. Papp Is The FMCSA’s Chief Of Medical Programs

► As Of 3/21/2014:

► There Were 9,505 Medical Professionals Registered In The NRCME.

► Another 30,000 Had Signed Up For Training

► The FMCSA Estimates There Will A Need For 40,000 Registered NRCME Professionals By May 2014.


Where To Find Certified Medical Examiners

► www.nationalregistry.fmcsa.dot.gov

► As Of 3/28/2014, There Were 704 Certified Medical Examiners In Texas.

► Finding Certified Medical Examiners In Urban Areas Should Be No Problem.

► Finding Certified Medical Examiners In Rural Areas Likely Will Be A Problem.

► The Reduction In Available Certified Medical Examiners Likely Will Make Getting An Appointment Harder.

► The Reduction In Available Certified Medical Examiners Will Likely Force You To Make Med Re-cert Appointments Earlier.

http://www.nationalregistry.fmcsa.dot.gov/


National Registry II(Reporting The Results Of Medical Examinations)

ETA Sometime In 2017

The Proposal Would Require All Medical Examiners Who Perform DOT Physical Examinations To:

Electronically Report The Results Of The Medical Examination To The State Licensing Agency And The FMCSA.

Under The Proposed Rule, This Reporting Would Be Done The Same Day Of The Examination.


Just Announced!DOT Drug Test Result Database

► The NTSB Has Identified That The FMCSA Is Doing A Lousy Job Keeping Drivers With Positive DOT Testing Results Off The Road Until They Have Been Re Habbed.

► Currently, A Positive Test Result Is Not Tracked By Any Central Agency.

► This Rule Would Create A Central Database For Verified Positive Drug And Alcohol Test Results For CDL Holders.

► In Addition, It Would Include The Names Of Drivers Who Have Refused To Submit To Testing.

► The Rule Will Require Carriers To Report Positive Test Results And Refusals To The Database.


The FMCSA And Medical Marijuana

The FMCSA Has Declared That Medical Marijuana Is A Medically Disqualifying Medication


The FMCSA And CHANTIX

The FMCSA Has Declared That CHANTIX Is A Medically Disqualifying Medication


Just Announced!Electronic Logging Device Rule► The NTSB Has Identified That The FMCSA Is Doing A Lousy Job

Keeping Fatigued Drivers Off The Road.

► This Rule Would Establish:

► Minimum Performance Standards For Electronic Logging Devices (ELD’s)

► Requirements For The Mandatory Use Of The Devices By Drivers Required To Prepare Handwritten Records Of Duty Status (ROD’s)

► Requirements Concerning HOS Supporting Documents; And

► Measures To Ensure That The Mandatory Use Of ELD’s Will Not Result In Harassment Of Drivers By Motor Carriers And Enforcement Officials.


Universal Fine Assessment Formula Updated September 2013

► The FMCSA Has Updated The UFA Formula

► The New UFA 4.0 Software Will Be Used To Calculate Penalties Based On Investigations That Are Initiated On Or After August 12, 2013.

► Fines Will Be Substantially Increased.

The Remainder Of 2014What To Watch Out For


Watch For:

Driver Training Notice Of Rulemaking► This Would Apply To Anyone Seeking To Get A New CDL

► Establish Minimum Training Requirements For New CDL Drivers

► Expected To Require Classroom AND Over The Road Training

► When Implemented, Getting A CDL Would Be Much More Difficult and Expensive.


Watch For:

Sleep Apnea Notice of Rulemaking► This Would Require The FMCSA To Go Through The Rulemaking

Process In Order To Implement Sleep Apnea Diagnosis Standards.

► By Comparison, The FAA Recently Implemented Rules Without Stakeholder Input

► Your BMI Measurements Will Be Key

► Generally Speaking, Drivers With BMI Over 35 Tend To Be More Prone To Symptoms Of Sleep Apnea

► Final Implementation Of Any Rule Is Not Expected For Several Years.


Watch For:

MAP 21 Expires 9/30/2014► A New Highway Bill Will Be Litigated

29 Safety Initiatives Came Out Of The Last Highway BillWho Knows What Will Happen Next?


Time To Close Out Your Notes

Penske Truck Leasing’s Safety Department

would like to say Thank You

For Your Time And Business.

Questions or [email protected]

214-819-1716

A Penske Truck Leasing Safety Department Presentation Management Safety Seminar Place Of Meeting...

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