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And yes, there will be a test ...
By Timothy Brady
As we move through trucking regulations in the first decade of the 21st Century, there have been many changes affecting carriers and truckers. Looking at the past seven years (2003 to 2010) especially, the pace of new and changing motor carrier rules and laws governing the industry has accelerated.
One hundred twenty-three years after the Interstate Commerce Commission (ICC) was established to control the economics of interstate commerce in 1935, the first Motor Carriers Act launched us into the modern age of trucking, with the ICC controlling who hauled what, where, and for how much. The trucking industry continued to evolve as the Motor Carrier Act of 1980 passed, and this is where the entire focus of trucking regulation began to change. What was dubbed as deregulation was more a change in what the government regulated. Instead of controlling who hauled what, where, and for how much, the Department of Transportation began focusing on highway safety. The Motor Carrier Act of 1980 was just the beginning of this shift in regulatory focus. Over the next 30 years, we’ve watched a major shift in the government’s role of regulating the industry. The ICC was disbanded in 1995, ending the economic regulation of trucking and opening the doors for safety to take the front seat in trucking regulations. The government was no longer concerned with how a carrier made money, only that it did it in a safe manner.
A personal note: I became a trucking journalist in 2003 after 23 successful years of operating my own trucking operation. On Wednesday, August 25, 2010, I’ll have been reporting and discussing issues affecting the industry on SiriusXM Road Dog Trucking and writing for trucking publications for seven years, giving me a unique perspective. In just those same seven years, there have been a greater number of significant changes in motor carrier and driver regulations than in the previous 75 years. Some are new, others are revised from the old rules and still others remain unresolved today.
Here’s a quick overview of some of the regulations: Challenges to the cross-border trucking issue with Mexico have heated up several times and the entire issue is still unresolved. The HOS rules have been in court several times, forcing revisions, not once but twice, with a third time now being worked out. Rules are in place covering the inspection and maintenance responsibility of shipping container chassis, tougher safety requirements for new commercial motor carriers, a ban on texting for truck drivers, Electronic On-Board Recorders for trucking companies with serious HOS violations and a new safety rating system to monitor carriers and drivers.
So let’s look at these in a little more detail.
August 25, 2003: FMCSA Denies Petitions to Reconsider Hours-of-Service Final Rule
The Federal Motor Carrier Safety Administration (FMCSA) today announced it has denied eight petitions for reconsideration from organizations that want the hours-of-service final rule altered. Published on April 28, the new hours-of-service final rule addresses the issue of driver fatigue and sets standards for driving and off-duty time. The previous rules had been in effect with few changes for more than 60 years. FMCSA Administrator Annette M. Sandberg said, “Recognizing that carriers, drivers, and law enforcement must prepare for the Jan. 4, 2004, compliance date, we have denied the petitions in sufficient time to allow these groups to meet the compliance deadline.”
August 26, 2003: FMCSA to Prepare Environmental Impact Statement Addressing Effects of Mexican Trucks in U.S
The Federal Motor Carrier Safety Administration (FMCSA) today announced that it will prepare a programmatic environmental impact statement (EIS) and a general conformity evaluation (GCE) to meet the requirements of a United States Court of Appeals for the Ninth Circuit decision in Public Citizen v. Department of Transportation.
The court's decision prevented FMCSA from implementing safety rules governing the entry of Mexico-domiciled carriers into the United States until a more thorough environmental analysis had been completed, and effectively blocked the Bush administration from implementing the truck and bus provisions of the North American Free Trade Agreement (NAFTA).
September 3, 2003: FMCSA to Issue Exemptions to Some Diabetic Truck, Bus Drivers Using Insulin
The Federal Motor Carrier Safety Administration (FMCSA) today announced that it will exempt certain insulin-treated diabetic truck and bus drivers from the diabetes prohibitions in the Federal Motor Carrier Safety Regulations. The new program for these exemptions will apply to drivers of commercial motor vehicles (CMV) in interstate commerce. The FMCSA is not amending its diabetes standard.
January 4, 2004: New Trucking Hours-of-Service Rule Today;
Transportation Officials Detail Education and Enforcement Plans
U.S. Department of Transportation officials today released details of a plan to educate truck drivers about and to enforce a new hours-of-service rule. Starting today as the rule is implemented, state and federal officials expect to spend the first 60 days waging an aggressive education campaign and enforcing egregious violations.
January 26, 2004: U.S. Department of Transportation to Begin Safety Inspections of Truck Container Chassis
Secretary of Transportation Norman Y. Mineta announced today that the U.S. Department of Transportation (DOT) will launch a safety inspection program for intermodal container chassis. The inspection program will provide added oversight to help ensure that the trailer beds used by truckers to haul cargo containers are safe.
July 16, 2004: Statement Of Annette M. Sandberg, Administrator Federal Motor Carrier Safety Administration Regarding A Decision By The U.S. Court Of Appeals For The District Of Columbia Circuit
The Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) have received the court's decision. With assistance from the Department of Justice, we are currently reviewing the opinion to determine possible next steps.
Under the court's rules of procedure, the Department has 45 days to review the decision and decide whether to seek other legal remedies. During that period, the current hours of service rule, announced in April, 2003, remains in effect.
September 2, 2004: Statement by Annette M. Sandberg, Administrator, FMCSA: FMCSA Files for Stay on HOS Action
The Federal Motor Carrier Safety Administration has filed a motion with the U.S. Court of Appeals for the District of Columbia Circuit seeking to stay further action in Public Citizen Et.Al v. Federal Motor Carrier Safety Administration. Staying the court's decision would allow the agency time to address and to correct the concerns of the court about the new hours-of-service rule.
August 19, 2005: U.S. Department of Transportation Issues New Rules Regulating Work and Sleep Schedules for Commercial Truck Drivers
New Rules Based on Review of Medical Research and Traffic Safety Data
The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today issued a new Hours-of-Service rule that spells out the length of time commercial drivers can operate trucks before they are required to take a break. The new rule is the product of years of research meant to keep drivers healthy and make highways safer, officials said today.
March 7, 2006: Federal Motor Carrier Safety Administration Appoints First Medical Review Board
WASHINGTON, DC - U.S. Secretary of Transportation Norman Y. Mineta announced today the five medical experts who will serve on the new Federal Motor Carrier Safety Administration's (FMCSA's) Medical Review Board (MRB). FMCSA is planning updates to physical qualification regulations of commercial motor vehicle (CMV) drivers and the board will provide the necessary science-based guidance to establish realistic and responsible medical standards.
January 11, 2007: Basics of the Notice of Proposed Rulemaking on Electronic On-Board Recorders
The Federal Motor Carrier Safety Administration (FMCSA) is proposing performance standards for electronic on-board recorders (EOBRs) used in commercial trucks and buses to improve highway safety by strengthening motor carriers' compliance with the Federal hours-of-service (HOS) regulations. FMCSA also is proposing incentives to encourage carriers to install EOBRs voluntarily.
April 30, 2007: U.S., Mexican Trucks Will Begin Cross-Border Demonstration Program at Same Time
WASHINGTON—U.S. Secretary of Transportation Mary E. Peters today announced that U.S. trucks will begin operating in Mexico for the first time ever starting at the same time Mexican trucks begin operating north of the commercial border zone in the U.S. The Secretary noted that the improvements to the demonstration program are a result of recent conversations with the Mexican government and Congress.
June 8, 2007: Safety Standards for Cross-Border Truck Program Published in Federal Register
WASHINGTON – The U.S. Department of Transportation published additional details about the rigorous safety standards and inspection program in place for its cross-border trucking demonstration program in a supplemental Federal Register notice today.
December 11, 2007: FMCSA Announces Retention of Limits on Truck Driver Hours of Service
WASHINGTON - Truck drivers will continue to be limited to driving only 11 hours within a 14-hour duty period, after which they must go off duty for at least 10 hours under an Interim Final Rule (IFR) made public today by the Federal Motor Carrier Safety Administration (FMCSA). The IFR was developed after new data showed that safety levels have been maintained since the 11-hour driving limit was first implemented in 2003.
August 04, 2008: Cross-Border Trucking Demonstration Project Extended for 2 Years; U.S. and Mexican Trucks to Continue Participation
WASHINGTON - The cross-border trucking demonstration project will be extended for two years as permitted under U.S. law, announced John H. Hill, Federal Motor Carrier Safety Administrator.
November 18, 2008: Nation's Truck Drivers to Be Limited to Eleven Hours Behind the Wheel Each Day Under New, Science-Based Federal Rules
WASHINGTON - The nation's 3.5 million truck drivers will be limited to driving for only 11 hours and working for no more than 14 hours each day under a new rule issued today by the Federal Motor Carrier Safety Administration (FMCSA). The final rule is based on an exhaustive scientific review and designed to ensure truck drivers get the necessary rest to perform safe operations and the quality of life they deserve, the agency's Administrator, John Hill, noted.
December 1, 2008: FMCSA Improves Medical Requirements for Commercial Truck and Bus Drivers
WASHINGTON -The Federal Motor Carrier Safety Administration (FMCSA) today took new steps toward improving standards and setting uniform requirements for medical examiners, while also finalizing a streamlined process for combining the commercial drivers license (CDL) and medical certificate records for commercial truck and bus drivers operating on the nation's roads.
December 16, 2008: FMCSA Toughens Safety Requirements for New Commercial Truck and Bus Companies
WASHINGTON—The Federal Motor Carrier Safety Administration (FMCSA) today announced a new rule to place stricter safety requirements on all newly registered trucking and bus companies. This final rule raises the compliance standards for passing new entrant safety audits, while ensuring that safety deficiencies are corrected before a new motor carrier is granted permanent registration with the agency.
December 17, 2008: FMCSA Issues Rule to Improve the Safety of Equipment Used in the Transportation of Intermodal Containers
WASHINGTON—New rules issued today will significantly strengthen safety requirements for intermodal container chassis, the special trailers that hold cargo containers when they are transferred from ship or rail to truck for final delivery, announced John H. Hill, administrator of the Federal Motor Carrier Safety Administration (FMCSA).
December 16, 2009: FMCSA Raises Safety Requirements for New Truck and Bus Companies
WASHINGTON – The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today will begin enforcing its New Entrant Safety Assurance Process rule, which requires newly registered truck and bus companies to meet stricter safety requirements. This final rule raises the compliance standards for passing new entrant safety audits and requires that new carriers correct safety deficiencies before being granted permanent registration.
December 16, 2009: FMCSA Enforces Safety Compliance for Intermodal Equipment Providers
This week, the Federal Motor Carrier Safety Administration began enforcing its Intermodal Chassis rule that requires intermodal equipment providers (IEPs), motor carriers and drivers to share responsibility for the safety of intermodal equipment used on our highways. Intermodal equipment or chassis are the trailers used in the transfer of goods from a ship or rail car to trucks for final delivery. Under this final rule, providers must implement systematic inspection, repair and maintenance programs for intermodal chassis, and repair or replace defective equipment. Each provider must submit an IEP Identification Report and establish safety programs by December 17, 2009. In addition, each IEP must identify its equipment with a USDOT number by December 17, 2010.
January 26, 2010: U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers
U.S Transportation Secretary Ray LaHood today announced federal guidance to expressly prohibit texting by drivers of commercial vehicles such as large trucks and buses. The prohibition is effective immediately and is the latest in a series of actions taken by the Department to combat distracted driving since the Secretary convened a national summit on the issue last September.
March 31, 2010: U.S. Transportation Secretary Ray LaHood Proposes Rule to Ban Texting for Truck and Bus Drivers
Department Announces Unprecedented Partnership with Cornell University to Engage Public in Rulemaking Process
WASHINGTON, D.C. - U.S. Transportation Secretary Ray LaHood today announced a federal rule that proposes to specifically prohibit texting by interstate commercial truck and bus drivers. The proposed rule would make permanent an interim ban announced in January 2010 that applied existing safety rules to the specific issue of texting.
April 2, 2010: DOT Issues Rule Requiring Electronic On-Board Recorders for Truck and Bus Companies with Serious Hours-of-Service Violations
Department to Consider Broader EOBR Mandate Later this Year
WASHINGTON, DC -- The U.S. Department of Transportation's Federal Motor Carrier Safety Administration today issued a new rule that will require interstate commercial truck and bus companies with serious patterns of hours-of-service (HOS) violations to install electronic on-board recorders (EOBRs) in all their vehicles. Nearly 5,700 interstate carriers will use EOBRs after the final rule's first year of implementation.
August 16, 2010: CSA 2010 – FMCSA Provides Motor Carriers an Early Look at Safety Rankings
Starting today, Monday, August 16, the Federal Motor Carrier Safety Administration (FMCSA) will provide individual commercial motor carrier companies a preview of their safety rankings under the agency’s new enforcement and compliance program, the Comprehensive Safety Analysis (CSA) 2010. This will give carriers a clear assessment of their over-the-road performance through the seven CSA 2010 Behavior Analysis and Safety Improvement Categories (BASICs). The BASICs are: Unsafe Driving, Fatigued Driving (Hours-of-Service), Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Cargo-Related and Crash Indicator. Carriers have until December 5, 2010, the national rollout of CSA 2010, to preview their safety performance data and address any unsafe behaviors that can lead to crashes and fatalities on our roadways.
As demonstrated by the twenty-four communiqués from the FMCSA over the past seven years, the industry is going through significant regulation changes, especially when compared to the type of and the number of trucking regulations brought forth in the ICC Age from 1935 to 1995. For more details on the FMCSA press and news releases, go to the FMCSA Newsroom [ http://www.fmcsa.dot.gov/about/news/news-releases/2010press.aspx ]
Until next time, good roads and good loads, everyone.
Timothy Brady © 2010
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