Legislative and Regulatory Update on Issues Affecting Private Fleets - PowerPoint PPT Presentation

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Legislative and Regulatory Update on Issues Affecting Private Fleets

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  1. Attention Attendees: • Thank you for attending! • The presentation will start in a few minutes at 1:00 PM Central. • Please use your computer speakers to listen to the event. If you have audio issues, dial-in info is below. • You will be muted during the event. • Please use the Question feature to text questions to “Q & A”. We’ll try to answer them during the Q&A period if they are not covered in the presentation. • The slides will be posted in 1-2 days and the recording in 7 days at http://www.jjkeller.com/nptcinfo 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 Presenter Richard P. Schweitzer, counsel to the NPTC and an attorney in Washington, D.C.

  2. Richard P. Schweitzer General Counsel National Private Truck Council

  3. 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. • If you lose sound at any point, you can dial-in by phone using the number and Pass Code listed below. • If you lose the program window and need to re-loginbe sure to enter a different e-mail address to avoid being denied access for multiple logins. Rick SchweitzerNational Private Truck Council

  4. 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. Rick SchweitzerNational Private Truck Council

  5. 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 Rick SchweitzerNational Private Truck Council

  6. 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 Rick SchweitzerNational Private Truck Council

  7. 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 Rick SchweitzerNational Private Truck Council

  8. 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 Rick SchweitzerNational Private Truck Council

  9. 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 Rick SchweitzerNational Private Truck Council

  10. 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 Rick SchweitzerNational Private Truck Council

  11. 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 Rick SchweitzerNational Private Truck Council

  12. 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 Rick SchweitzerNational Private Truck Council

  13. 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 Rick SchweitzerNational Private Truck Council

  14. 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 Rick SchweitzerNational Private Truck Council

  15. 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 Rick SchweitzerNational Private Truck Council

  16. Special Permit Procedures • PHMSA under scrutiny from Congress, DOTIG 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 Rick SchweitzerNational Private Truck Council

  17. 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 Rick SchweitzerNational Private Truck Council

  18. 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 Rick SchweitzerNational Private Truck Council

  19. 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 Rick SchweitzerNational Private Truck Council

  20. 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 rpschweitzer@rpslegal.com

  21. 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 Rick SchweitzerNational Private Truck Council