Changes to the regulatory text proposed in the NPRM are noted below. FMCSA previously estimated a per-truck cost of $419 per ELD, and notes that this is within the range provided by commenters. (b) To meet the safety standard, a motor carrier must demonstrate to the FMCSA that it has basic safety management controls in place which function adequately to ensure minimum acceptable compliance with the applicable safety requirements. (f) The regulatory factors, evaluated on the basis of the adequacy of the carrier's safety management controls, are: (5) Parts 393 and 396 when there are less than three vehicle inspections in the last 12 months to evaluate; and. Together, these provisions will reduce potential pressure on drivers for timely completion of their duty day. on NARA's archives.gov. This proof can be: At a DMV office: Bring original proofs.By mail: Send us a photocopy of your proofs. [54] FMCSA Response: FMCSA agrees that the relief provided through this rulemaking will benefit some of the industries or distinct operations (e.g., propane delivery) currently seeking relief through exception or other means. (c) If, at the end of this 18-month period, the FMCSA has not been able to conduct a safety audit or compliance review, the carrier will remain in the safety monitoring system until a safety audit or compliance review is conducted. 31144; 2. Drivers' circadian rhythms would inevitably be scrambled as their 5-hour rest periods rotate around the clock. Road Safe America, the Trucking Alliance, ATA, Advocates, a few industry associations and motor carriers said that the definition should be clarified, but not expanded. Adverse Driving Conditions. It is, however, unclear how many motor carriers and drivers will no longer be required to use ELDs. Total Elimination of the Break. Among their comments: A few industry associations, motor carriers, and individual commenters argued that drivers should have more discretion over the hours in which they drive in potentially adverse driving conditions and that this provision did not grant enough flexibility to drivers. FMCSA Response: Splitting the 10 off-duty hours required by the HOS rules into 6 hours in the sleeper berth and 4 hours off-duty would give drivers additional flexibility, as many drivers requested, but none of the supporters of a 6/4 split cited research demonstrating the safety of that option. Because the alternative sleeper berth cycles commenters sought involved periods that were both shorter than the average time that drivers are currently sleeping, additional research and data are needed to understand the potential safety impacts. School bus. 382.303(b) Failing to conduct post accident testing on driver for controlled substances (critical). 5, 2010; 77 FR 28450, May 14, 2012; 77 FR 59826, Oct. 1, 2012; 84 FR 51433, Sept. 30, 2019]. Ohn-Bar, Martin, Trivedi, 2013. publication in the future. Several industry associations pointed to research indicating that that drivers can safely work a 16-hour shift without significant degradation in performance, noting the research failed to consider the restorative impact of taking one or more off-duty rest breaks of between 30 minutes and 3 hours. (a) A new entrant whose USDOT new entrant registration has been revoked, and whose operations have been placed out of service by FMCSA, may reapply for new entrant registration no sooner than 30 days after the date of revocation. The information also can be found on the FMCSA Safety and Fitness Electronic Records System website at https://safer.fmcsa.dot.gov. Available in the docket for this rulemaking. If you renew online, you will need to pay the regular fees for a non-driver ID card renewal. An anonymous commenter noted that: In Canada, we are allowed 13 hours of total driving time and 14 hours of total on-duty time within a 16-hour daily clock. FMCSA did not estimate an increase in VMT resulting from the changes to this provision. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. SE, Washington, DC 20590-0001 or by telephone at 1-800-832-5660. FMCSA notes that obstructive sleep apnea is a condition for which there are effective treatments available, and drivers who follow the prescribed treatment regime after being diagnosed may be medically certified. (f) The filing of a request for change to a proposed or final safety rating under this section does not stay the 45-day period specified in 385.13(a)(1) for motor carriers transporting passengers or hazardous materials in quantities requiring placarding. Executive Office of the President, Office of Management and Budget (OMB). (2) Does not violate the 14-hour duty-period limit under 395.3(a)(2). Official websites use .govA .gov website belongs to an official government organization in the United States. This rule refers to drivers affected by the 30-minute break requirement as CMV truck drivers. https://www.regulations.gov/document?D=FMCSA-2018-0181-0057,, and https://www.regulations.gov/docket?D=FMCSA-2018-0175,, respectively. An individual commenter said this provision would allow drivers to complete more driving hours during the week, but would then force them to take 34-hour restarts more frequently. Available at https://www.semanticscholar.org/paper/Surrogate-Measures-of-Safety-Tarko-Davis/30801fa815159dad645eed6f1e3dbbbba2f30150,, last accessed January 21, 2020. Some commenters to the NPRM did not agree with the Agency's use of the concrete mixer analysis discussed above based on its lack of direct correlation to the short-haul population. 385.407 What conditions must a motor carrier satisfy for FMCSA to issue a safety permit? IBT added that surveys show that drivers are already being required to perform or will likely be assigned work that would increase miles traveled or entail more non-driving tasks that extend the workday to 14 hours, all of which will increase their fatigue and decrease safety. (b) If the USDOT new entrant registration was revoked because of a failed safety audit, the new entrant must do all of the following: (1) Submit an updated Form MCSA-1, the URS online application. 521(b) and applicable regulations. Following implementation of the ELD rule and increased accuracy in HOS tracking, FMCSA received feedback from members of Congress and other interested parties expressing the need for additional flexibility for drivers under the HOS rules. The National Propane Gas Association and Keep Truckin, Inc. recommended a compliance date less than 6 months after the effective date, regardless of ELD concerns. Explanation of Pre-Authorization Safety Audit Evaluation Criteria for Non-North America-Domiciled Motor Carriers, Safety Monitoring System for Non-North American Carriers. As to the objections raised by Advocates, none of those objections seriously challenges the Agency's conclusions that the sleeper berth provisions proposed in the NPRM will enhance driver and carrier flexibility without adversely impacting safety. (iii) Any quantity of certain poison inhalation hazard materials (Zone A or B). Specifically, the references to 395.1(h)(1)(i), (ii), (iii), and (iv) are modified to reflect the redesignations, and text addressing 395.3(a)(3)(ii) is modified to reflect the substantive changes in the 30-minute rule. (2) Notifying the carrier that its provisional operating authority or provisional Certificate of Registration will be revoked unless it presents evidence of necessary corrective action within 30 days from the service date of the Order. (d) An application of a non-North America-domiciled motor carrier requesting for-hire operating authority under part 365 of this subchapter may be protested under 365.109(b). 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct a Privacy Impact Assessment for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. The Assistant Administrator or administrative law judge is authorized to specify, and must notify the parties of, specific procedural rules to be followed in the proceeding (which may include the procedural rules in part 386 of this chapter that are considered appropriate). The changes adopted in this final rule result in the break being required after 8 consecutive hours of driving time, rather than 8 hours after coming on-duty. Check your renewal notice for your options when renewing. As pointed out in the 2005 HOS final rule (70 FR 49978, 4983, August 25, 2005), attempts to create a dose-response curve for the effects of exposure to diesel exhaust, for example, have not produced clear-cut results. The U.S. Chamber of Commerce supported added flexibility but said that such changes should be made only after a pilot study had validated the proposals. That document: The RIA is the synthesis of research conducted specific to current HOS practices, stakeholder comments, and analysis of the impacts resulting from changes to the HOS provisions in this final rule. (a) The FMCSA's rating process is built upon the operational tool known as the CR. Any opinions, findings, conclusions or recommendations expressed in this publication are those of the Author(s) and do not necessarily reflect the view of the FMCSA. The Trucker Alliance and Trimble Transportation Mobility recommended a compliance date of at least 9 months after adoption of the rule to accommodate ELD providers. https://www.fmcsa.dot.gov/registration/registration-forms. (b) FMCSA may extend the 45-day period in 385.319(c)(2) for up to an additional 10 days if the new entrant has submitted evidence that corrective actions have been taken pursuant to 385.319(c) and the Agency needs additional time to determine the adequacy of the corrective action. The Trucking Alliance opposed this provision, saying that the definition of adverse driving conditions is unclear, allowing drivers to exploit the exception and use it to extend their driving window every day. However, one commenter to the NPRM noted that the IRFA narrowly focused on the certain industry segments, and did not consider other industries besides Truck Transportation (NAICS Subsector 484) that would be affected by the proposed changes to the HOS provisions. As noted above, studies generally have limitations, and the Agency did not attempt to list all of them, including for the Sieber study published in 2014. Never give a plate away with a vehicle when you sell it. FMCSA requested comment on whether the changes to the sleeper berth provision would result in increases in VMT and would enable drivers to complete additional runs. That provision, however, was removed by operation of law when the study required by the 2015 DOT Appropriations Act failed to find statistically significant benefits of the 2011 limitations on the 34-hour restart. Previously, drivers could qualify for the HOS short-haul exception in 395.1(e)(1) if they return to their normal work reporting location and are released from work within 12 hours after coming on-duty, can submit their work schedule via time cards, and operate within a 100 air-mile radius of their work reporting location. For example, the provision authorizing a team driver to count time in the passenger seat while the CMV is moving toward his/her sleeper berth break is modified to allow up to 3 (rather than 2) hours in the passenger seat for consistency with the minimum hours required in the berth under this rule. FMCSA continues to believe the extension of both the 12-hour limit to 14 hours, and the 100 air-mile radius to 150 air miles will provide the increased flexibility for drivers without compromising overall safety. Road Safe America, CVSA, the Trucking Solutions Group, and Sysco Corporation said that removing this requirement would contravene the original intent of the short-haul exception. Operating requirements for agricultural vehicles on public roads - lighting, slow-moving vehicle emblems, and more. FMCSA believes the on-duty breaks from the time on task would be beneficial and the Agency encourages drivers to take a break irrespective of whether they have been operating the vehicle for 8 consecutive hours. Expressed on an annualized basis, this equates to $277.4 million in costs (or $277.4 million in cost savings) at a 3 percent discount rate, and $273.0 million in costs (or $273.0 million in cost savings) at a 7 percent discount rate. Congressman DeFazio warned that the proposed rule significantly increases driving and on-duty time. The 5-hour/5-hour split examined by the study involved no extended rest period, unlike the 7-hour minimum sleeper berth period required by the final rule, yet even that split produced better results than consolidated daytime sleep. FMCSA will conduct a compliance review on a non-North America-domiciled carrier within 18 months after FMCSA issues the carrier a USDOT Number. Blanco, M., Hanowski, R., Olson, R., Morgan, J., Soccolich, S., Wu, S.C., & Guo, F. (2011) The Impact of Driving, Non-Driving Work, and Rest Breaks on Driving Performance in Commercial Motor Vehicle Operations. Available in this rulemaking docket. (2) Submit evidence that it has corrected the deficiencies that resulted in revocation of its registration and will otherwise ensure that it will have basic safety management controls in effect. Some commenters argued that road conditions are not always accurately reflected in weather radar maps or other technologies, so drivers should have the flexibility and discretion to determine when it is safe to drive. This increased productivity, resulting from an ability to avoid congestion, would be accomplished without altering the maximum amount of on-duty time that could be accumulated before driving is prohibited, or increasing the maximum driving time allowed during a work shift. An individual driver and the National Propane Gas Association both commented that, if the new provision allowed them to stop the driving clock, they would use it more than the current provision. Tests must be the same as those given by the State. This could reduce fuel and vehicle costs for the motor carriers, congestion for the public by removing large vehicles from the road during peak travel times, and the incidence of crashes related to congestion. However, this final rule continues to allow for an adequate rest period. 385.329T May a new entrant that has had its USDOT new entrant registration revoked and its operations placed out of service reapply? 47. (b) Commencement of proceedings. Advocates criticized the use of the Short literature review because the studies it examined involved maritime and rail personnel, but not CMV drivers, and the Soccolich naturalistic study because it compared the risks associated with 3 restart options, including the 8/2 sleeper berth split, but not the proposed 7/3 split. Regarding the extension of the driving window to 16 hours during adverse driving conditions, drivers will no longer need to stay on the road during such conditions to avoid the impending closure of the previous 14-hour driving window. 13175 (Indian Tribal Governments), M. National Technology Transfer and Advancement Act (Technical Standards), For access to docket FMCSA-2018-0248 to read background documents and comments received, go to http://www.regulations.gov at any time, or to Docket Operations at U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Title and registration requirements; special titles; name changes; address changes; license plate fees; insurance requirements; new Michigan residents; lost titles; lost license plates; and deceased vehicle owners. Regular mail for the Bureau of Elections should be addressed to: Michigan Department of State Adds confusion when looking at the provisions overall; Decreases efficiency and productivity; and. (2) to conduct a follow-up investigation on motor carriers rated unsatisfactory or conditional as a result of a previous review. Instead, this final rule will empower drivers to make informed decisions based on the current situation, and thus the rule could lead to a decrease in stress and subsequent health benefits. To the extent section 31136(a)(4) focuses on the health of the driver, the Agency addresses that issue below. 14901. Each CR will continue to have the requirements of Part 396, Inspection, Repair, and Maintenance, reviewed as indicated by the above explanation. Amend 395.3 by revising paragraphs (a)(2) and (3) to read as follows: (2) 14-hour period. This violation refers to a driver operating a CMV as defined under. Nothing in the changes to the short-haul exception creates additional opportunities for short-haul drivers to falsify time records. Using safety audit avoids any possible confusion with the safety reviews previously conducted by the agency that were discontinued on September 30, 1994. The carrier's Certificate of Registration will remain provisional and the carrier's on-highway performance will continue to be closely monitored for the remainder of the 18-month provisional registration period. Ordered a duplicate for a driver's license, state ID card or vehicle title on the same day you wish to submit the change of address. (a) Any motor carrier that the Agency determines engages or has engaged in a pattern or practice of avoiding regulatory compliance or masking noncompliance or violates an order issued under this subpart shall be subject to the civil or criminal penalty provisions of 49 U.S.C. On February 13, 2018, the Owner-Operator Independent Drivers Association (OOIDA) petitioned FMCSA to amend the HOS rules to allow drivers to take an off-duty rest break for up to 3 consecutive hours once per 14-hour driving window. A consecutive 30-minute interruption of driving status may be satisfied either by off-duty, sleeper berth or on-duty not driving time or by a combination of off-duty, sleeper berth and on-duty not driving time. In the ELD rule, FMCSA anticipated that all drivers employed by passenger and private non-passenger (i.e., property) carriers qualifying for the short-haul exception would be able to take advantage of the exception. FMCSA reviewed the comments received and the previous short-haul exception requests to determine how the rule would affect the number of drivers operating under the short-haul exception. (2) The information supplied must be accurate, complete, and include all required supporting documents and applicable certifications in accordance with the instructions to Form MCSA-1 and Form BOC-3. The U.S. Chamber of Commerce and several industry associations said their members rarely use the exception, although the expansion would be helpful in extreme conditions. (b) The carrier must submit its request in writing, in English, to FMCSA, ATTN: 385.113 Request for Administrative Review , 1200 New Jersey Ave., SE., Washington, DC 20590-0001. At 82 FR 5306, Jan. 17, 2017, 385.607 was suspended, effective Jan. 14, 2017. Table 8Weighted Annual Per-Driver Cost Savings of the Proposed Changes to the 30-Minute Break Requirement. If the person is convicted of fraud related to this issuance, the State must record this withdrawal in the persons driving record and they may not reapply for at least 1 year. Beyond 2028, these annual compound growth rates were assumed to be the same out to the final year of the analysis period of 2029. Most States have established a BAC level of .08% as the level at or above which a person operating a non-commercial motor vehicle is deemed to be driving under the influence of alcohol. Based upon the many research studies the Agency has reviewed over the past 25 years of conducting HOS-related rulemakings, the Agency believes it would be inappropriate to consider amending the rules to allow more than 11 hours of driving time, without taking the required 10 consecutive hours off-duty (property carriers). Some drivers may find it difficult to sleep more than 7 consecutive hours. The motor carrier or intervening person may petition the Assistant Administrator for review of an order issued under paragraph (d)(1)(i) of this section by following the procedures set forth in 385.911(e). The NPRM comment period closed on October 21, 2019. What do I do if I don't remember the number on my driver's license or state ID card and would like to apply for a replacement online? Per the passage of Proposal 3 in 2018, Michigan now allows same-day voter registration, meaning that eligible citizens can register and vote up to and on Election Day. Drivers also will still be subject to the weekly limits of 60 and 70 hours, and the employer must maintain accurate time records showing when the driver reports for work and is released from duty each day. [63] Despite its possible effect on decisions a U.S. driver must make while in Canada, this interpretation does not involve an exercise of extraterritorial jurisdiction (62 FR 16379, 16424; April 4, 1997). As noted above, the primary factors influencing safety outcomes for short-haul drivers are the continued adherence to the 11-hour driving time limit and the continued prohibition against driving after the 14th hour of the beginning of the work shift. With the elimination of the pause provision and market pressure from motor carriers, FMCSA believes the timeline for reprogramming ELDs can be shorter than reflected in the comments. The NPRM asked whether drivers would use the longer driving window to increase their VMT. The adequacy of controls may be questioned if their degree of formalization, automation, etc., is found to be substantially below the norm for similar carriers. The Sleep of Commercial Vehicle Drivers Under the 2003 Hours-of-Service Regulations, Accident; Analysis and Prevention, 39(6), 1140-5. 4133, Public Law 109-59, 119 Stat. The extension of the air-mile radius by 50 air-miles will afford drivers additional flexibility and allow carriers to reach customers farther from the work reporting location while maintaining eligibility for the short-haul exception. Category 2: The first violation results in a disqualification of no less than 180 days or more than 1 year. An applicant may not begin operations nor mark a commercial motor vehicle with the USDOT Number until after the date of the Agency's written notice that the USDOT Number has been activated. FMCSA has granted 5-year exceptions from the requirement to return to the driver's normal work reporting location within 12 hours of coming on-duty (examples include: Waste Management Holdings, Inc.; American Concrete Pumping Association; and National Asphalt Paving Association). However, drivers using this option will be required to obtain one rest period of at least 7 consecutive hours in the sleeper berth, paired with another period of at least 2 hours, such that at least 10 hours of off-duty time is achieved. Most notably, these impacts hinge on the availability of CMV parking. Stakeholder Engagement Following Publication of the NPRM, A. Each basic knowledge test covers the 20 general areas outlined in 49 CFR 383.111(a). If applying for an absentee ballot by mail, you will sign the application return envelope and your local clerk will verify the signature on the return envelope against the signature on file for you. Even while facing significant challenges brought on by the pandemic such as limited staff, office closures, and strained testing procedures because of masks, social distancing, and cleaning protocols States, on average, are issuing more than 50,000 commercial drivers licenses (CDLs) and commercial learners permits (CLPs) each month.
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