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Consultants Update

Consultants Update. Rick Schweitzer General Counsel Gases & Welding Distributors Association June 20, 2011. Topics for Discussion. DOT Driver Hours of Service Proposed Rule DOT Electronic On-Board Recorder Mandate Proposal PHMSA Approach on Special Permits, Approvals.

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Consultants Update

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  1. Consultants Update Rick Schweitzer General Counsel Gases & Welding Distributors Association June 20, 2011 GAWDA Consultant's Forum Webinar

  2. Topics for Discussion • DOT Driver Hours of Service Proposed Rule • DOT Electronic On-Board Recorder Mandate Proposal • PHMSA Approach on Special Permits, Approvals GAWDA Consultant's Forum Webinar

  3. Driver Hours of Service NPRM • Published in December 29, 2010 Federal Register • Comments to FMCSA were due March 4, 2011; extended to June 8, 2011 • Proposed seven major changes to HOS rules • All current HOS rules remain in effect until effective date of any final rule GAWDA Consultant's Forum Webinar

  4. Driver HOS NPRM • Daily “driving window” of 14 hours (may be extended twice a week to 16 hours) • Actual duty time within driving window limited to 13 hours (must take breaks to get to the 14 hour limit) • Driver must be relieved from duty after end of 14 hour/16 hour “window” • Proposed daily driving limit of 10 or 11 hours (10 hours preferred by DOT) GAWDA Consultant's Forum Webinar

  5. HOS Continued • Drivers permitted to drive only if 7 hours or less from last off-duty or sleeper berth period of 30 minutes or more; for example, if driver logs on duty, and spends 3 hours in fill plant, may only drive 4 hours before needing 30 minute break • 34-hour restart must include two midnight to 6 a.m. periods to restart 70 or 80-hour weekly duty limits • Definition of “on-duty time” revised to allow up to 2 hours in passenger seat in cab (prior to or after 8 hrs. in sleeper) to count as off duty time GAWDA Consultant's Forum Webinar

  6. Final Rule/Lawsuit • This rulemaking is the result of a settlement of a legal challenge to the current rules • DOT initially agreed to issue a final rule by July 26, 2011 • But DOT recently placed more studies in the docket and gave additional time for comments • Now DOT says that it will publish a final rule on or before October 28, 2011 • Any final rule will likely be challenged in federal court GAWDA Consultant's Forum Webinar

  7. EOBR Proposal • FMCSA proposed rule published February 1; comments deadline extended to May 23 • Would mandate adoption of EOBRs by all carriers in interstate commerce within 3 years after effective date of final rule • Exempts drivers in short-haul operations who are currently not required to use log books; they may still use timecards to comply with HOS rules (does not exempt them from HOS requirements) GAWDA Consultant's Forum Webinar

  8. PHMSA Special Permits • Final rule on new requirements for special permits applications published January 5, 2011; requires additional information on all locations where the SP will be used, CEO name, contact person, type and quantity of hazmat involved (effective March 7, 2011) • PHMSA will rewrite August 2009 SOPs on Special Permits again • PHMSA also setting up an online application process; not yet available, however GAWDA Consultant's Forum Webinar

  9. Contact Info 1776 K Street, N.W. Suite 800 Washington, D.C. 20006 (202) 223-3040 rpschweitzer@rpslegal.com GAWDA Consultant's Forum Webinar

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