PRESIDENT SIGNS SPENDING BILL
HOURS-OF-SERVICE RESTART PROVISIONS EFFECTIVE IMMEDIATELY!
December 18, 2014
On December 16, 2014, President Obama signed the FY 2015 Omnibus Appropriations bill. Upon signature, two provisions of the 34-hour restart rule were suspended. So what does this mean? EFFECTIVE IMMEDIATELY:
1. Drivers utilizing the 34-hour restart do NOT have to include two consecutive periods off-duty between 1 a.m. and 5 a.m. As long as a driver is off for 34 consecutive hours, regardless of the time of day, the driver can reset the weekly clock.
2. Drivers may take the 34-hour restart multiple times per week. They are no longer restricted to taking the restart only once every 168 hours (or seven days).
Please note that this is a temporary suspension that will be in place through September 30, 2015 while FMCSA conducts a formal study. All other provisions of the hours of service rules remain the same.
On December 17, FMCSA posted notice on their website advising the public that the restart restrictions have been officially suspended. Earlier in the day, the agency issued a memo to enforcement personnel to alert them to the suspension and advising them of the new enforcement policy. Specifically, the memo to enforcement says that, effective 12/16, violations of the 60/70 hour rule based on a driver’s failure to comply with the restart restrictions may not be cited during any enforcement action including inspections, safety audits or investigations. The prohibition applies to all such actions conducted by FMCSA personnel and state enforcement personnel utilizing MCSAP funding.
Also, the memo to enforcement says that “Any request received through the DataQs system to remove a violation of 49 CFR 395.3 (b) (restart restrictions) that occurred on or after the effective date of this policy (December 16th) should be immediately accepted and the violation removed if the violation was not determined in accordance with this policy.”
We would encourage you to consider providing a copy of the notice to your drivers in the event that they encounter enforcement personnel who are not aware of FMCSA’s new restart enforcement policy.
Click here to read some frequently asked questions regarding the impact of this action.
Trucking plays an essential role in WAA’s annual wreath-laying event.
Every year, professional truck drivers donate their time andmotor carriers donate their trucks and fuel to deliver the wreaths. In 2013 alone, more than 500,000 wreaths were delivered to almost 900 veterans cemeteries across the United States. Since 2012, TCA has coordinated this nationwide effort, as well as raised money for the placement of wreaths at Arlington National Cemetery. The ArizonaTrucking Association joins TCA in their endeavors. For more information and if you would like to participate and or contribute visit this website. https://www.truckloadofrespect.com/index.asp
CVSA Weighs in on Public Display of Carriers’ CSA Scores
On November 14, 2014, the Commercial Vehicle Safety Alliance (CVSA) submitted a letter to U.S. DOT Secretary Foxx regarding the public display of CSA data. The letter outlines concerns with making such data, in its current form, available for public use and asks the agency to remove the scores from public view until certain issues have been addressed.
(SMS uses carrier performance data collected from roadside inspections and crash investigations to “score” carriers for intervention by analyzing relative safety scores in various categories, known as “BASICs”.) The letter expressed CVSA’s support for CSA as a whole, citing its usefulness as a tool to prioritize fleets for compliance actions. However, because SMS scores “are a poor indicator of an individual fleet’s propensity to be involved in a future crash, their utility in providing the public with information about fleets’ safety performance is limited.”
CVSA’s action follows recent pleas by a broad spectrum of industry groups to have the scores removed from the FMCSA website.
Citing Congressional concern, FMCSA to clarify driver sleep apnea screening, testing
CCJ Digital, December 2
Medical examiners in FMCSA’s National Registry of Certified Medical Examiners will soon be receiving a bulletin from the agency to clarify current federal rules — or lack thereof — regarding screening and testing drivers for sleep apnea, according to a letter from acting FMCSA Administrator Scott Darling. According to Darling’s letter, the bulletin will remind examiners there is no FMCSA guidance regarding apnea testing — hammered home by a 2013 law — and will encourage examiners to explain to drivers that referring them to sleep apnea specialists is being done based on their judgment as medical professionals and not from FMCSA regulations.
2014 Annual Meeting and Leadership Conference another huge success.
Terrific weather, compelling speakers, some very cool entertainment this year’s Leadership Conference – Winning Together – held Oct. 23-25 at JW Marriott Starr Pass in Tucson made for a great conference. Members stepped up big-time in the annual auction to support the Arizona Transportation Education Foundation (ATEF). The event raised $38,000 to support ATEF’s safety and outreach programs! WOW!!! Photos and other conference information will soon be posted on our website, and we have already begun working on our special post-conference publication due out in December. Thanks to all who attended, contributed and, in so many ways, made this conference a hallmark of our dynamic Arizona Trucking Association! Most of all, a huge thank you goes to the 54 companies that sponsored the conference this year. You will find them listed on our website under Leadership Conference in the Events & Seminars drop-down menu, and we urge you to let them quote your business first before looking elsewhere! And if you missed the conference—NOW is the time to plan to attend next year, when we will return to the Westin La Paloma in Tucson Oct. 1-3, 2015.
December 25: ATA will be closed in observance of the Christmas Holiday
Events posted here are described in detail deeper on the website. Click on the event for details.
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