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The Federal Motor Carrier Safety Administration (FMCSA), in a long-awaited response to a ruling striking down key portions of its driver hours-of-service regulations, said it would continue allowing drivers 11 hours behind the wheel daily and letting them reset the weekly limit after a 34-hour break. FMCSA made no changes to the hotly contested 2005 rule, leaving the sleeper-berth provision unchanged.

FMCSA Keeps Drug and Alcohol Rates the Same

The Federal Motor Carrier Safety Administration (FMCSA) will not be changing its drug and alcohol testing rates anytime soon, thank to usage rates that have remained steady for more than eight years. In its latest survey of drug and alcohol use, the agency found that an estimated 1.7 percent of drivers in 2005 used drugs and .2 percent used alcohol while on duty.

Tighter Language Requirements

Drivers who are not able to meet the English language requirements of the FMCSA may be placed out of service under a new policy. The driver will be cited and placed out-of-service.

The rule Sec.391.11(b)(2) has been in effect since 1970, over 38 years ago. According to the FMCSA, the new policy represents the agency's effort to "catch up" to existing, similar policies from the states and the Commercial Vehicle Safety Alliance (CVSA), which represents enforcement personnel and Out-of-Service Criteria.

New Driver Training Rule Coming

On December 26, 2007 the FMCSA published its Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators. The proposed rule would not apply to drivers who currently possess a CDL or obtain a CDL before a date three years after a final rule goes into effect. Following that date, persons applying for new or upgraded CDLs would be required to successfully complete specified minimum classroom and behind-the-wheel training from an accredited institution or program. The State driver-licensing agency would only issue a CDL if the applicant presented a valid driver training certificate obtained from an accredited institution or program.

DHS Rule on Driver's Licenses

The Department of Homeland Security has proposed new minimum standards for State-issued driver's licenses and ID cards that Federal agencies would accept for official purposes after May 11, 2008, in accordance with the Real ID Act of 2005. This rule proposes several items, including: information and security features that must be incorporated into each card; application information to establish the identity and immigration status of an applicant before a card can be issued; and physical security standards for locations where driver's licenses and applicable identification cards are issued.

FMCSA Directed to Levy Maximum Fines More Often

A recent report from the U.S. Government Accountability Office (GAO) shows that the FMCSA does not assess maximum fines against carriers with a pattern of serious violations and only assess maximum fines against carriers for the third instance of violation. The Motor Carrier Safety Improvement Act of 1999 requires the FMCSA to assess the maximum fine on the second instance.

After the GAO report was made public, Rep. James L Oberstar (Minn) requested that FMCSA Administrator John Hill urging him to take immediate steps to bring FMCSA into compliance with statutory requirements on assessing maximum penalties to repeat rule violators.

EOBR Rule Could Be Expanded

Proposed rules requiring certain "bad apple" trucking companies to install electronic on-board recorders (EOBRs) to track their drivers' hours of service may be expanded to cover additional companies once the rules are finalized this year. FMCSA is currently reviewing comments on the proposed rules, and due to very strong feedback from groups that want all trucks to have EOBRs, the agency may increase the number of companies that would be required to install the devices. FMCSA said the only certainty that's pretty certain is that we will probably do something to require a larger number of carriers to install EOBRs.

FMCSA Eases Rules for Hay Haulers

Motor carries transporting square bales of hay and straw will no longer be held to the same cargo securement standards as other carriers if certain conditions are met. The FMCSA has adopted a new policy stating that loads of square bales of hay and straw are considered to be adequately secured if: 1) The load is unitized using longitudinal ropes or tie down assemblies and a loading pattern that interlocks adjacent bales together; 2) The aggregate working load limit requirements of 49 CFR §393.106(d) are complied with; 3) At least one lateral tie down is placed in the approximate center of the length of any truck or trailer 32 feet or less in length; and 4) At least two lateral tie downs are placed at approximately one-third and two-thirds of the length of any truck or trailer greater than 32 feet long. If the loads are not unitized and secured according to the above standards, the general cargo Securement rules of Part 393 would apply.

California Hours-of-Service Rules Amended

The California Highway Patrol has amended it hours-of-service regulations for intrastate operations. An intrastate truck driver may not drive more than 12 cumulative hours following 10 consecutive hours off duty or for any period after the end of the 16th hour after coming on duty following 10 consecutive hours off duty.

An intrastate driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid may not drive more than 10 hours following 10 consecutive hours off duty and after the end of the 16th hour after coming on duty following 10 consecutive hours off duty.

The new requirements maintain the 80-hour/8-day limit, but add the 34-hour restart provision.

These amendments do not apply to motor carriers and drivers engaged in interstate commerce and the driver of a vehicle transporting hazardous substances or hazardous waste, as defined in 49 CFR 171.8. These drivers must comply with the federal driver hours-of-service regulations contained in 49 CFR Part 395.

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