2014 FMCSA Update

U.S. Department of Transportation
Federal Motor Carrier Safety Administration
2014 FMCSA
and Wisconsin State Patrol Update
Presented by HNI University
November 12, 2014
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Industry Briefing, April 2010
Housekeeping
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• Slide deck will be posted on hni.com
• Q&A at the end, but feel free to ask questions
throughout
• Tweet @HNIRisk or using the
hashtag #hniu to win some HNI swag!

Thanks to our sponsors!
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Our speakers today
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Mark Oesterle,
FMCSA
Michael
Klingenberg,
Wisconsin State Patrol

FMCSA Update
November 2014
Mark Oesterle
Division Administrator
FMCSA Wisconsin

FMCSA Update
• Hours of Service
• Electronic Logging Devices
• CDL Medical Certificate
• Medical Examiners certification
• Drug & Alcohol Clearinghouse
• CSA - Updates

U.S. DEPARTMENT OF TRANSPORTATION
Secretary
Deputy Secretary
FAA FHWA FRA NHTSA FTA
Maritime
Admin.
PHMSA SLSDC RITA
OIG•SCOTT DARLING
Acting Administrator – Aug 2014

FMCSA’s Mission
FMCSA’s mission is to reduce crashes, injuries and
fatalities involving large trucks and buses.

FMCSA’s Mission
• December 2013
– 539,033 interstate & HM intrastate motor carriers
– 5.6 million drivers total
– 3.9 million of these drivers hold CDLS

FMCSA
• Develop and write the Federal Motor Carrier Safety
Regulations
• Enforce the Safety Regulations and Hazardous Materials
Regulations
• Conduct or fund all Compliance Reviews, Safety Audits and
Roadside Inspections

Part 390 - Applicability
The Federal Motor Carrier Safety Regulations
(FMCSRs) apply to all employers, employees
and commercial motor vehicles
transporting property or passengers in
interstate commerce.

What is a Commercial Motor Vehicle?
• Any self-propelled or towed motor vehicle used on a highway in interstate
commerce to transport passengers or property that meets at least one of the
following criteria:
– Has a gross vehicle rating, gross combination weight rating, gross vehicle weight
or gross combination weight of 4,536 kg (10,001 lbs.) or more
– Is designed or used to transport 9-15 passengers (including the driver) for
compensation.
– Is designed or used to transport 16 or more passengers (including the driver)
whether for compensation or not.
– Transports hazardous materials in quantities that require placarding under the
hazardous materials regulations.

Drug and Alcohol Clearinghouse
• The rulemaking for a National Clearinghouse—supported by
Congress and required by MAP-21—ensures that drivers who test
positive or have refused to submit to testing, complete the return-to-
duty process prior to returning to the road.
• The proposed rule would require truck and bus companies to report
verified positive drug and alcohol test results, test refusals, negative
return-to-duty test results, and follow-up testing.
• We expect to publish the notice of proposed rulemaking in the
Federal Register later this year.

Hours of Service July 1, 2013
• Eleven hours of driving and 14 hours on duty
• Requires that if more than 8 consecutive hours have passed since the
last off-duty (or sleeper-berth) period of at least half an hour, a
driver must take an off-duty break of at least 30 minutes before
driving.
• For example, if the driver started driving immediately after coming
on duty, he or she could drive for 8 consecutive hours, take a half-
hour break, and then drive another 3 hours for a total of 11 hours.
Meal breaks or any other off-duty time of at least 30 minutes
qualifies as a break. .

Hours of Service July 1, 2013
• Requires that the restart cover at least 34 consecutive hours and
include at least two off-duty periods from 1:00 a.m. to 5:00 a.m.
• The rules will limit the use of the “34-hour restart” to once a week
(once every 168 hours).
• The restart cannot be used until 168 hours or more have passed
since the beginning of the driver’s last restart.

Short Haul Drivers
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•Effective August 2, 2013, FMCSA will no longer enforce 30 minute Break
requirement against any driver that qualifies for either of the “short haul operations”
exceptions outlined in 49 CFR 395.1(e)(1) or (2).
•The following drivers would not be subject to the 30-minute break requirement:
All drivers (CDL and non-CDL) that operate within 100 air-miles of their normal
work reporting location and satisfy the time limitations and recordkeeping requirements
of 395.1(e)(1).
Non-CDL drivers that operate within a 150 air-mile radius of the location where the
driver reports for duty and satisfy the time limitations and recordkeeping requirements
of 395.1(e)(2).

Electronic Logging Devices
• FMCSA is moving forward with a supplemental notice
of proposed rulemaking (SNPRM) on electronic
logging devices. This SNPRM will address employee
harassment and meet the Congressional requirements
in MAP-21.
• FMCSA published the SNPRM on March 28, 2014.

Unified Registration System (URS)
• FMCSA Final Rule 11/1/13
• Who is required to comply with this rule
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Important Statistics
Medical Certificate and CDL
• Over 4 million interstate CMV drivers
• About 3 million physical exams conducted each year
• Estimated need to certify 40,000 Medical Examiners
to meet the need

Medical Certificate and CDL
• CDL drivers must self certify their tier level.
– Tier I Interstate
– Tier II Interstate exempt
– Tier III Intrastate
– Tier IV Intrastate exempt
• They must submit their medical certificate to
DMV. Effective date – January 30, 2014

Medical Certificates
Interstate commercial drivers will have paper copies of
their medical examiner’s certifications with them when
operating a commercial motor vehicle. This requirement
will stay in effect until January 30, 2015. FMCSA also
extended the requirement for interstate motor carriers
to retain copies of their drivers’ medical certificates in
their driver qualification files.

Medical Examiners Compliance Date
As of May 21, 2014, all drivers must obtain medical
certification from a healthcare professional listed on
the National Registry.

WHO ARE FMCSA MEDICAL EXAMINERS?
• Physician --Medical Doctor (MD)
• Physician --Doctor of Osteopathy (DO)
• Physician Assistant (PA)
• Advanced Nurse Practitioner (ANP or NP)
• Doctor of Chiropractic (DC)

nationalregistry.fmcsa.dot.gov
National Registry System Website

Removal from National Registry
• A Certified Medical Examiner may be removed from
the National Registry if they fail to meet or maintain
the qualifications as outlined in the regulation.
• Makes errors, omissions, or other indications of improper
certification of a driver
• Issues a medical examiner’s certificate to a driver who fails to
meet the applicable standards at the time of the examination
• Fails to comply with examination requirements
• Falsely claims to have completed training in physical and medical
examinations standards

Safety Measurement System(SMS)
11/14/2014
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CHECKING SAFETY PERFORMANCE

Safety Measurement System (SMS)
11/14/2014
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Further Drilldown in SMS

Safety Measurement System (SMS)
11/14/2014
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INTERVENTIONS & ANALYSIS
11/14/2014
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OTHER CSA CHANGES?
• Request for Data Review(RDR)
– Adjudicated citations – Inspections after 8/23/2014
• Drivers/Carriers submit certified court documentation
through DataQ for citations tied to citations issued during
roadside inspections

Resources
• fmcsa.dot.gov
• safersys.org

Mark Oesterle
Mark.oesterle@dot.gov
FMCSA Wisconsin Division
1 Point Place Suite 101
Madison, WI 53719
Office: 608-662-2010
November 2014

2014 FMCSA Update

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