2014 fmcsa update

U.S. Department of Transportation Federal Motor Carrier Safety Administration

2014 FMCSA and Wisconsin State Patrol Update Presented by HNI University November 12, 2014

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Industry Briefing, April 2010

Housekeeping

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• Slide deck will be posted on hni.com

• Q&A at the end, but feel free to ask questions throughout

• Tweet @HNIRisk or using the hashtag #hniu to win some HNI swag!



Thanks to our sponsors!

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Our speakers today

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Mark Oesterle, FMCSA

Michael Klingenberg, Wisconsin State Patrol


FMCSA Update November 2014

Mark Oesterle Division Administrator

FMCSA Wisconsin

http://www.marlinglumber.com/Home.aspx


FMCSA Update

• Hours of Service • Electronic Logging Devices • CDL Medical Certificate • Medical Examiners certification • Drug & Alcohol Clearinghouse • CSA - Updates


U.S. DEPARTMENT OF TRANSPORTATION

Secretary

Deputy Secretary

FAA FHWA FRA NHTSA FTA

Maritime Admin. PHMSA SLSDC RITA

OIG •SCOTT DARLING Acting Administrator – Aug 2014


FMCSA’s Mission

FMCSA’s mission is to reduce crashes, injuries and fatalities involving large trucks and buses.


FMCSA’s Mission

• December 2013 – 539,033 interstate & HM intrastate motor carriers – 5.6 million drivers total – 3.9 million of these drivers hold CDLS


FMCSA

• Develop and write the Federal Motor Carrier Safety Regulations

• Enforce the Safety Regulations and Hazardous Materials

Regulations

• Conduct or fund all Compliance Reviews, Safety Audits and Roadside Inspections


Part 390 - Applicability

The Federal Motor Carrier Safety Regulations (FMCSRs) apply to all employers, employees and commercial motor vehicles transporting property or passengers in interstate commerce.


What is a Commercial Motor Vehicle?

• Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property that meets at least one of the following criteria: – Has a gross vehicle rating, gross combination weight rating, gross vehicle weight

or gross combination weight of 4,536 kg (10,001 lbs.) or more

– Is designed or used to transport 9-15 passengers (including the driver) for compensation.

– Is designed or used to transport 16 or more passengers (including the driver) whether for compensation or not.

– Transports hazardous materials in quantities that require placarding under the

hazardous materials regulations.


Drug and Alcohol Clearinghouse

• The rulemaking for a National Clearinghouse—supported by Congress and required by MAP-21—ensures that drivers who test positive or have refused to submit to testing, complete the return-to-duty process prior to returning to the road.

• The proposed rule would require truck and bus companies to report verified positive drug and alcohol test results, test refusals, negative return-to-duty test results, and follow-up testing.

• We expect to publish the notice of proposed rulemaking in the Federal Register later this year.


Hours of Service July 1, 2013

• Eleven hours of driving and 14 hours on duty

• Requires that if more than 8 consecutive hours have passed since the last off-duty (or sleeper-berth) period of at least half an hour, a driver must take an off-duty break of at least 30 minutes before driving.

• For example, if the driver started driving immediately after coming on duty, he or she could drive for 8 consecutive hours, take a half-hour break, and then drive another 3 hours for a total of 11 hours. Meal breaks or any other off-duty time of at least 30 minutes qualifies as a break. .


Hours of Service July 1, 2013

• Requires that the restart cover at least 34 consecutive hours and

include at least two off-duty periods from 1:00 a.m. to 5:00 a.m.

• The rules will limit the use of the “34-hour restart” to once a week (once every 168 hours).

• The restart cannot be used until 168 hours or more have passed since the beginning of the driver’s last restart.


Short Haul Drivers

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•Effective August 2, 2013, FMCSA will no longer enforce 30 minute Break requirement against any driver that qualifies for either of the “short haul operations” exceptions outlined in 49 CFR 395.1(e)(1) or (2).

•The following drivers would not be subject to the 30-minute break requirement: 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).


Electronic Logging Devices

• FMCSA is moving forward with a supplemental notice

of proposed rulemaking (SNPRM) on electronic logging devices. This SNPRM will address employee harassment and meet the Congressional requirements in MAP-21.

• FMCSA published the SNPRM on March 28, 2014.


Unified Registration System (URS)

• FMCSA Final Rule 11/1/13

• Who is required to comply with this rule

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Important Statistics Medical Certificate and CDL

• Over 4 million interstate CMV drivers

• About 3 million physical exams conducted each year

• Estimated need to certify 40,000 Medical Examiners to meet the need


Medical Certificate and CDL

• CDL drivers must self certify their tier level. – Tier I Interstate – Tier II Interstate exempt – Tier III Intrastate – Tier IV Intrastate exempt

• They must submit their medical certificate to

DMV. Effective date – January 30, 2014


Medical Certificates

Interstate commercial drivers will have paper copies of their medical examiner’s certifications with them when operating a commercial motor vehicle. This requirement will stay in effect until January 30, 2015. FMCSA also extended the requirement for interstate motor carriers to retain copies of their drivers’ medical certificates in their driver qualification files.


Medical Examiners Compliance Date

As of May 21, 2014, all drivers must obtain medical certification from a healthcare professional listed on the National Registry.


WHO ARE FMCSA MEDICAL EXAMINERS?

• Physician --Medical Doctor (MD)

• Physician --Doctor of Osteopathy (DO)

• Physician Assistant (PA)

• Advanced Nurse Practitioner (ANP or NP)

• Doctor of Chiropractic (DC)


nationalregistry.fmcsa.dot.gov National Registry System Website

https://nationalregistry.fmcsa.dot.gov/


Removal from National Registry

• A Certified Medical Examiner may be removed from the National Registry if they fail to meet or maintain the qualifications as outlined in the regulation. • Makes errors, omissions, or other indications of improper

certification of a driver • Issues a medical examiner’s certificate to a driver who fails to

meet the applicable standards at the time of the examination • Fails to comply with examination requirements • Falsely claims to have completed training in physical and medical

examinations standards


Safety Measurement System(SMS)

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CHECKING SAFETY PERFORMANCE


Safety Measurement System (SMS)

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Further Drilldown in SMS


Safety Measurement System (SMS)

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INTERVENTIONS & ANALYSIS

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OTHER CSA CHANGES?

• Request for Data Review(RDR) – Adjudicated citations – Inspections after 8/23/2014

• Drivers/Carriers submit certified court documentation through DataQ for citations tied to citations issued during roadside inspections


Resources

• fmcsa.dot.gov • safersys.org


Mark Oesterle [email protected]

FMCSA Wisconsin Division 1 Point Place Suite 101 Madison, WI 53719

Office: 608-662-2010

November 2014

2014 fmcsa update

Business

safety audits

federal register

towed motor vehicle

commercial motor vehicles

consecutive hours

hours of driving

duty break

duty test results