Federal Motor Carrier Safety Administration - Truck Driver Regulations Expert Witness
Commercial Driver's License Drug and Alcohol Clearinghouse
CDL Drug and Alcohol Clearinghouse: This rule was expected to be published September 16, 2015. The new projected publication date is December 14, 2015. This rule calls for the creation of a central database to track commercial drivers who have failed or refused to take a drug or alcohol tests. Under the rule motor carriers will be required to enter information about drug and alcohol violations by CDL holders. The regulation requires motor carriers to check the database for driver violations as part of their driver qualification due diligence process prior to hiring a driver. The regulation was originally proposed in 2014. The rule would go into effect 18 months after final publication. The database will also track truck drivers who have violated controlled substance and alcohol policies to ensure that the CDL holder has completed the U.S. DOT´s return-to-duty process before driving CMVs in interstate or intrastate commerce. The rule is part of the Moving Ahead for Progress in the 21st Century (MAP-21) Act.
Electronic Logging Devices and Hours of Service Supporting Documents
Electronic logging device (ELD) mandate: November 9, 2015 is the new projected publication date for the Final Rule that mandates use of ELDs by all drivers required to keep records of duty status. ELDs which are also known as Electronic On Board Recorders (EOBR), track Hours of Service (HOS) electronically, thus eliminating paper log books. The rules requires: (1) minimum performance and design standards for HOS ELDs; (2) the mandatory use of ELDs drivers currently required to record and adhere to HOS rules; (3) HOS supporting documents; and (4) policies to prevent harassment resulting from the mandatory use of ELDs. The FMCSA originally published the proposed ELD mandate in March 2014.
Carrier Safety Fitness Determination
Safety Fitness Determination: This regulation would amend the FMCSA’s Compliance, Safety, Accountability (CSA) program —Safety Fitness Determination (SFD). The FMCSA would update the methodologies that determine when a motor carrier is not fit to operate commercial motor vehicles (CMVs) in or affecting interstate commerce. The new methodology would be based upon (1) the carrier’s performance in relation to five of the Agency’s Behavioral Analysis and Safety Improvement Categories (BASICs); (2) inspections and investigations; or (3) a combination of on-road safety data and investigation results. The intended effect of changing methodology is to reduce crashes caused by CMV drivers and motor carriers which result in death, injuries, and property damage on U.S. highways. This would be accomplished by more effectively using FMCSA data and resources to identify unfit motor carriers and to remove them from the Nation’s roadways. The new projected publish date is July 1, 2015.
Heavy Vehicle Speed Limiters
Speed limiter mandate: This rule was created by a partnership between the FMCSA and the National Highway Transportation Safety Administration (NHTSA). The rule would require the installation of speed limiting devices on heavy trucks and other CMVs. The rule was prompted by petitions received from the American Trucking Associations (ATA) and Road Safe America, a non-profit organization based in Atlanta Georgia. During the public comment period, the NHTSA received thousands of comments supporting the petitioner´s request. The FMCSA says this about the rule: “We believe this rule would have minimal cost, as all heavy trucks already have these devices installed, although some vehicles do not have the limit set. This rule would decrease the estimated 1,115 fatal crashes annually involving vehicles with a GVWR of over 11,793.4 kg (26,000 lbs) on roads with posted speed limits of 55 mph or above.” The new expected publication date for this rule is June 8, 2015.