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12/23/2008 - FMCSA Wraps Up Busy Year of Rulemaking 2008 has been a busy year for the Federal Motor Carrier Safety Administration (FMCSA) as evidenced by the proposed and final rules published in the Federal Register in recent weeks. Here’s a quick review of some of the major rule changes that will impact motor carriers in 2009 and beyond. For a thorough and timely review of DOT regulation changes, subscribe to DOT Safety Regulation Update Fast-Fax. New Entrant Final Rule FMCSA issued a final rule that will make it more difficult for New Entrants to pass their Safety Audits. In the rule, which goes into effect February 17, 2009, the agency identified 16 regulations that are essential elements of motor carrier safety. Non-compliance with one or more of these “16 deadly sins” will result in automatic failure of a safety audit. The rules apply to a variety of motor carrier safety-related factors, including drug and alcohol testing, driver qualification, financial responsibility, hours-of-service and vehicle maintenance. In addition, New Entrants will be subject to “expedited actions” to correct certain deficiencies uncovered during roadside inspections. FMCSA also will be checking for compliance with the Americans with Disabilities Act and certain household goods-related requirements. Click here to read the new entrant final rule. Hours-of-Service Final Rule In the latest twist of the on-going hours-of-service debate, FMCSA issued a final rule that retains the 11-hour driving limit, 34-hour restart rule and other hotly contested regulations. The rule takes effect the day before President-elect Barack Obama takes office. Many industry insiders expect that the agency will be back in court defending these hours-of-service regulations in 2009. Last December, FMCSA issued an Interim Final Rule to retain the existing hours-of-service rules after the U.S. Court of Appeal for the District of Columbia Circuit Overturned the 11-hour driving limit and 34-hour restart rules based on procedural grounds. In 2006, FMCSA proposed a rule that would require drivers and trucking companies with serious or excessive hours-of-service violations to track their duty status using electronic onboard recorders (EOBRs). The final rule is still pending. Click here to read the hours-of-service final rule. Medical Certification Requirements Final Rule Under a Final Rule issued December 1, interstate Commercial Driver License (CDL) holders will be required to present a copy of their medical examiners certificates to their State Drivers Licensing Agency (SDLA). The rule change will also require the SDLA to record on the Commercial Driver License Information System (CDLIS) driver record the self-certification the driver made regarding the applicability of the Federal driver qualification rules and, for drivers subject to those requirements, the medical certification status information specified in the final rule. While implementation dates will vary by state, all CDL holders must be in compliance with the regulation by January 30, 2014. Click here to read the medical certification requirements final rule. Medical Examiner Certificate Notice of Proposed Rulemaking FMCSA also announced a notice of proposed rule making that—if enacted—could change the way drivers get their Medical Certificate, a key part of the Commercial Driver’s License process. The most significant change that drivers or safety managers would see would be the need to go to an approved doctor in order to get a medical certificate. FMCSA would develop a database—available to the public—of Medical Examiners who were certified to present certificates. FMCSA is accepting comments on its proposal until January 30, 2009. Click here to read the Medical Examiner Certificate Notice of Proposed Rulemaking. Intermodal Chassis Final Rule FMCSA issued new rules that strengthen safety requirements for intermodal container chassis. These rules will affect intermodal equipment providers, motor carriers and drivers. As of December 2009, intermodal equipment providers will be required to systematically inspect, repair and maintain intermodal chassis and provide documentation of their compliance efforts. By December 2010, the provider will be required to mark its equipment with a USDOT number. Motor carriers and drivers will also be required to inspect intermodal equipment that they operate. Click here to read the Intermodal Chassis Final Rule. We’ll Keep You Posted The rules have been published in the Federal Register, but they are not set in stone. It’s a well-known fact that Obama and the Congressional Democrats have their eye on the midnight regulations enacted by the Bush Administration. We will keep you posted on any final rule reversals and changes as well as implementation dates. We will also continue to follow proposed regulations, such as the Medical Examiner Certificate, through the rule-making process. For detailed, up-to-date information about regulations subscribe to our DOT Regulation Update Fast-Fax Newsletter—Keeping the industry informed for more than a decade. Each week our newsletter keeps busy safety managers and owner-operators informed about important changes to DOT regulations. To view sample issues click HERE.
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