dial-in: 1-888-824-5783, pass code: 75154299#; tech support: 1-888-259-8414, webinar id: 927809635...

Dial-in: 1-888-824-5783, Pass Code: 75154299#; Tech Support: 1-888-259-8414, Webinar ID: 927809635

Legislative and Regulatory Update on Issues Affecting Private Fleets

This webcast will cover ...• FMCSA Regulations—HOS, EOBRs,

Driver Training, Medical Exams, Texting Ban, Drug and Alcohol Database

• PHMSA Regulations—Wetlines, Special Permits, Security Plans

• OSHA Hazcom Standards• Truck Weight Pilot Program• UCR Fees for 2010, and• Question & Answer

PresenterRichard P. Schweitzer, counsel to the NPTC

and an attorney in Washington, D.C.

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Richard P. SchweitzerGeneral Counsel

National Private Truck Council


Introduction• FMCSA Regulations—HOS, EOBRs, Driver Training,

Medical Exams, Texting Ban, Drug and Alcohol Database• PHMSA Regulations—Wetlines, Special Permits

Security Plans• OSHA Hazcom Standards• Truck Weight Pilot Program• UCR Fees for 2010• Housekeeping issues:

You will be muted during the event. Please use the Question feature to text questions to the Q&A

Panelist. We’ll try to answer them during the Q&A period if they are not covered in the presentation.

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Rick SchweitzerNational Private Truck Council


Disclaimers• The content in this webcast is intended for

information purposes only and should not be construed as providing legal advice.

• This is an introductory session and is intended to highlight critical safety and compliance topics. Time constraints limit our ability to go in depth on any legal, legislative or regulatory issue identified in this session.



Hours of Service Regulations

• After settlement of litigation, FMCSA to revisit 11-hour daily driving limit and 34-hour reset (and maybe more) in new rulemaking

• Scheduled four listening sessions in January• Plan for draft NPRM to go to OMB for review by July

2010; final rule by July 2011• In meantime, all HOS rules remain the same



EOBR Requirements• Draft final rule on EOBRs sent to OMB

December 15, 2009; final rule planned for publication April 2010

• Prior Bush Administration final rule withdrawn from OMB in January 2009; rewritten by Obama Administration

• Not expected to be full mandate for all carriers; just those with records of non-compliance or serious accidents



HOS Supporting Documents

• New rulemaking in light of EOBR rule (prior rulemaking withdrawn)

• NPTC comments requested exemption from supporting documents for carriers using EOBRs

• NPRM planned to go to OMB in August 2010; ATA has filed lawsuit to compel earlier action

• Current supporting documents rule remains in effect—no particular documents are required for cross-checks of compliance



Entry-Level CMV Driver Training

• NPRM would require behind-the-wheel and classroom training to operate CMV with a CDL; also sets out curriculum requirements

• Would apply to both new applicants and drivers who want to upgrade their CDL

• For Class A, would require 76 hours classroom and 44 hours behind-the-wheel training

• Final rule planned for July 2010 publication



Entry-Level CDL Learner’s Permits

• This rule would revise CDL knowledge and skills tests and require a learner’s permit for CDL applicants

• Set out minimum info for CDL learner’s permits, set age limits for LPs, and address domicile issues

• Would also impose fraud detection and prevention at state DMVs

• Final rule expected late 2010



National Registry of Medical Examiners

• Would establish training, testing and certification standards for medical examiners (self-reporting); intent is to promote uniformity of exams nationwide

• Create online database of certified medical examiners; carriers could not use driver unless examined by certified examiner

• Final rule expected July 2010



Driver Pre-Employment Screening

• In October 2009 FMCSA announced program for carriers to access online driver inspection and crash records before hiring

• Would need driver’s written permission (condition of employment)

• Roadside inspection and compliance data will be available

• Program to begin in mid-2010



Texting Ban, Cell Phone Limits

• Secretary LaHood announced new rule to ban texting while driving CMVs and also limit any cell phone use by CMV drivers

• President Obama signed Executive Order imposing these requirements for drivers of all government vehicles

• New NPRM for CMV drivers expected in February 2010



Drug/Alcohol Test Database• New rule would create database for

positive drug and alcohol test results for CDL drivers (and refusals to submit to tests)

• Would require carriers to report positive tests and refusals into the database

• Prospective employers could query the database (with written permission from driver) regarding applicant’s testing record

• NPRM expected August 2010



UCR Fees for 2010• Congress amended UCR statute to count

only power units starting in 2010; required recalculation of fees

• States not enforcing law, not collecting “entitled” amount of fees

• UCR Board sent recommendation for 122% increase to FMCSA in August 2009 (is this a significant rulemaking?)

• FMCSA final rule still not to OMB for review



PHMSA Wetlines Rule• Would prohibit transportation of flammable

liquids in external piping on cargo tank trucks

• Applicable to new and existing tankers (retrofit rule expected to cost upwards of $8,000 per vehicle, if technology works)

• PHMSA had previously withdrawn similar rulemaking in 2006, citing no need

• New NPRM expected July 2010



Special Permit Procedures• PHMSA under scrutiny from Congress, DOT

IG over closeness to industry• Some SPs granted to companies with

serious hazmat incidents• PHMSA has rewritten procedures for fitness

determinations for SP applicants; some require site inspections; modal administrations will advise PHMSA on qualifications

• Industry requested SP procedures to be set out in rulemaking so we may comment



Hazmat Security Plans• NPRM to revise security plans to be

risk-based published September 2008• Final rule will revise list of materials for

which plan is required; limited to those posing significant security risk in transportation

• Draft final rule sent to OMB on November 24, 2009; publication expected March 2010



OSHA Hazcom Standards• OSHA NPRM published September 30, 2009

to conform hazcom standards with UN System of Classification and Labeling

• Would affect classes, labeling for many products requiring MSDSs

• New system of pictograms to be used on packages for worker notification

• Comment period ended December 29, 2009



Truck Weight Pilot Program• DOT appropriations bill allows one-year

pilot program in Maine, Vermont for carriers to transport up to 100,000 lbs. GVW on 6 axles on Interstates

• These weights already allowed on state highways• DOT to report to Congress on effect of program on

highways, bridges• Intent is to include permanent, nationwide weight

provision in highway bill in 2011



Question & Answer

Please submit questions to “Q&A”

using the Q&A tool

Richard P. Schweitzer, PLLC

1776 K Street, N.W. Suite 800

Washington, D.C. 20006

(202) 223-3040 phone

(202) 223-3041 fax

[email protected]


Closing Remarks• Checkout the archive of past topics at:

http://www.jjkeller.com/nptcinfo PowerPoint slides up in 1-2 days Recording up in 1 week

• Topics for 2010: February 3 – Comprehensive Safety Analysis 2010 - Regulatory

Changes, Enforcement Measures and More! June 2 – Enhanced Driver Qualification – Testing, Physicals and

Background Checks August 25 – Fleet Excellence – Customer Service October 20 – Fleet Excellence – Driver Recruiting & Retention


dial-in: 1-888-824-5783, pass code: 75154299#; tech support: 1-888-259-8414, webinar id: 927809635...

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