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FMCSA Regulatory Update
Larry W. Minor
Associate Administrator for Policy
March 4, 2016
Safety Fitness Determination
(NPRM, January 21, 2016)
Revised methodology would determine when a motor carrier
is “unfit” and provide the Agency with the ability to issue
proposed ratings based on:
• On-road safety data - the carrier’s safety performance in
relation to the Behavioral Analysis and Safety Improvement
Categories (BASICs);
• An investigation; or
• A combination of on-road safety data and investigation
information.
• Factor 1 – General: Parts 387 and 390.
• Factor 2 – Driver: Parts 382, 383, 391.
• Factor 3 – Operational: Parts 392 and 395.
• Factor 4 – Vehicle: Parts 393 and 396.
• Factor 5 – HM (Parts 397, 171, 177 and 180.
• Factor 6 – Accidents (Recordable Rate, with
preventability review).
Current SFD Regulatory Factors
Current Safety Rating Table
Proposed SFD Process
• Only one fitness determination – Unfit.
• If the carrier is not unfit, the company may continue to
operate.
• Carriers would be compared to fixed failure standard
not percentiles (as in SMS);
– Not impacted by changes in other carriers’ scores.
• Crash Data: Preventability review still required.
Absolute failure standard would be specified in the rule,
equivalent to the following percentiles:
• Hours of Service Compliance – 96th percentile;
• Unsafe Driving - 96th percentile;
• Vehicle Maintenance – 99th percentile;
• Driver Fitness – 99th percentile;
• Hazardous Materials Compliance – 99th percentile
• Crash Indicator – Investigations only;
• Controlled Substances/Alcohol – Investigations only.
On-Road Safety Data BASICs
• 2+ BASICs above the failure standard (= to
96/99 percentile) based on roadside data ;
• Violations of critical and/or acute regulations
that result in 2 failed BASICs found in an
investigation;
• 1 failed BASIC from investigation + 1 failed
BASIC from roadside;
3 Ways to Proposed Unfit
• Intervention thresholds in SMS – much lower than SFD
thresholds.
• SMS only needs 3 or 5 inspections to score – SFD would
need 11+ inspections with violations on each inspection.
• SMS is based on percentiles – SFD would be based on
absolute performance measures.
• SMS scores can be impacted by other carriers – SFD would
only be impacted by carrier’s inspections.
Differences Between SMS and SFD
http://www.regulations.gov
FMCSA-2015-0001
(Final Rule, December 16, 2015)
• (1) Prescribes minimum technical standards for ELDs.
• (2) Subject to a limited exception, requires drivers who need
to keep RODS to use ELDs.
• (3) Establishes explicit requirements for HOS supporting
documents, specifying the “number, type and frequency.”
• (4) Prohibits harassment of drivers and establishes a
complaint process for drivers, due process for carriers and
specifies civil penalties.
Electronic Logging Devices (ELDs)
ELD Mandate
 Motor carriers subject to the RODS (logbook)
requirements under 49 CFR Part 395 must ensure
that drivers use ELDs beginning December 18, 2017.
 Motor carriers currently using automatic on-board
recording devices (AOBRDs) to satisfy the RODS
requirement must make the transition to ELDs no
later than December 16, 2019.
Exceptions to the ELD Mandate
 Drivers that are required to prepare RODS no more
than 8 days within any 30-day period;
 Drivers in a driveaway-towaway operation in which
the vehicle being driven is part of the shipment
being delivered – this includes vehicle built for and
sold to the armed forces;
 Drivers operating a commercial motor vehicle
manufactured before model year 2000.
HOS Supporting Documents
 Motor carriers must retain up to 8 supporting
documents for every 24-hour period;
 Documents should contain the following:
– Driver name or carrier-assigned identification
number
– Date
– Location (including name of nearest city, town, or
village; and,
– Time
Supporting Documents (Cont.)
Supporting documents consist of the following five categories:
 Bills of lading, itineraries, schedules, or equivalent documents
that indicate the origin and destination of each trip;
 Dispatch records, trip records, or equivalent documents;
 Expense receipts;
 Electronic mobile communication records, reflecting
communications transmitted through a fleet management
system (FMS);
 Payroll records, settlement sheets, or equivalent documents
that indicates payment to a driver.
Prohibition Against Harassment
 “Harassment” covers an action by a motor carrier
toward one of its drivers that the motor carrier know,
or should have known, would result in the driver
violating § 392.3, concerning ill or fatigued operation
of a CMV, or violating the requirements under Part
395.
 Harassment must involve information available to the
motor carrier through an ELD or other technology
used in combination with and not separable from an
ELD.
Entry-Level Driver Training
(NPRM, Spring 2016)
 Section 32304 of MAP-21
 The regulations must address knowledge and skills for drivers, with
specific requirements for drivers seeking a passenger or hazmat
endorsement.
 Classroom and behind-the-wheel training is required.
 Rules must require that training providers demonstrate that their
training meets the Federal standards.
 February 2015 – May 2015: ELDTAC Negotiated Rulemaking
Committee meetings were conducted.
Published on March 7, 2016
ELDTAC Recommendations
 Class A CDL – 30 hours of behind-the-wheel (BTW)
training; Class B CDL – 15 hours of BTW training.
 All CDL training providers would be listed on a Training
Provider Registry; training providers would complete an
identification report and provide a biennial update.
 Training providers must submit training certificates to
FMCSA; FMCSA will transmit the certificates to the State
licensing agency.
 NPRM planned for Spring 2016; Final Rule planned for Fall
2016.
ELDTAC Recommendations (Cont.)
 Six (6) separate curricula recommended:
– Class A CDL;
– Class B CDL;
– Hazardous Materials (H) endorsement;
– Passenger (P) endorsement;
– School Bus (S) endorsement; and
– Refresher training (R) restriction.
 Maintain current State-discretion exceptions from CDL
testing rules for agriculture and military – no new training
requirements.
National Registry
 April 20, 2012 – Final rule to establish minimum
training and testing requirements for all medical
examiners who issue medical certificates for interstate
truck and bus drivers.
 May 21, 2014 (Compliance date) – All medical cards
issued on or after that date must be provided by
examiners on the registry.
 Examiners must complete training course and testing,
and submit medical certificate information to FMCSA on
everyone who applies for a medical card.
National Registry Statistics:
May 2014 – December 2015
 45,038 certified examiners (completed the training and testing)
 8,087,842 medical examinations were conducted.
o 7,817,424 drivers received medical certificates
 58-59%, 2-year medical cards
 ≈ 30%, 1-year medical cards
 ≈ 5%, 3-month medical cards
 ≈ 1.6%, < 3-month medical cards
o 203,632 drivers were temporarily disqualified (2.5%).
o 66,786 drivers were disqualified (0.8%).
National Registry II
(Final Rule, April 23, 2015)
 Requires medical examiners to submit medical certificates to
FMCSA on a daily basis for each driver they examine.
– FMCSA will transmit the medical certificates to the State
driver licensing agencies for CDL holders (June 2018).
– State licensing agencies will also be able to download the
medical certificates from FMCSA for CDL holders and CDL
applicants (June 2018).
 The rule will decrease the risks of falsification of medical
cards.
National Registry (FAST Act – VA)
 Section 5403 – Veterans may obtain their medical
certificates to operate CMVs in interstate commerce from the
VA. The VA doctor must:
– Be employed by the VA;
– Be familiar with the standards for medical certification;
– Have never “acted fraudulently.”
 DOT must develop a process for qualified physicians to
perform medical exams and provide medical certificates –
including listing on the National Registry of Certified Medical
Examiners.
Obstructive Sleep Apnea
(ANPRM, February 2016)
FMCSA and FRA will jointly issue the ANPRM to gather information about:
 The prevalence of moderate-to-severe obstructive sleep apnea (OSA) among
individuals occupying safety sensitive positions in rail and highway
transportation;
 The potential economic impact and safety benefits associated with
regulatory actions that would result in transportation workers in these
positions, who exhibit multiple risk factors for OSA, undergoing evaluation
by a healthcare professional with expertise in sleep disorders, and
subsequent treatment.
Published on March 10, 2016
Drug & Alcohol Clearinghouse
(Final Rule, Spring 2016)
 Motor carriers, Medical Review Officers (MROs), Substance Abuse
Professionals (SAPs), and consortia/third party administrators
(C/TPAs) to report:
– Verified positive, adulterated, and substituted drug test
results, positive alcohol test results, test refusals, negative
return-to-duty test results, and information on follow-up
testing.
 Motor carriers would be required to report actual knowledge of
traffic citations for driving a commercial motor vehicle (CMV)
while under the influence (DUI) of alcohol or drugs.
Questions

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2016 STS - Larry Minor: FMCSA Insider Update

  • 1. FMCSA Regulatory Update Larry W. Minor Associate Administrator for Policy March 4, 2016
  • 2. Safety Fitness Determination (NPRM, January 21, 2016) Revised methodology would determine when a motor carrier is “unfit” and provide the Agency with the ability to issue proposed ratings based on: • On-road safety data - the carrier’s safety performance in relation to the Behavioral Analysis and Safety Improvement Categories (BASICs); • An investigation; or • A combination of on-road safety data and investigation information.
  • 3. • Factor 1 – General: Parts 387 and 390. • Factor 2 – Driver: Parts 382, 383, 391. • Factor 3 – Operational: Parts 392 and 395. • Factor 4 – Vehicle: Parts 393 and 396. • Factor 5 – HM (Parts 397, 171, 177 and 180. • Factor 6 – Accidents (Recordable Rate, with preventability review). Current SFD Regulatory Factors
  • 5. Proposed SFD Process • Only one fitness determination – Unfit. • If the carrier is not unfit, the company may continue to operate. • Carriers would be compared to fixed failure standard not percentiles (as in SMS); – Not impacted by changes in other carriers’ scores. • Crash Data: Preventability review still required.
  • 6. Absolute failure standard would be specified in the rule, equivalent to the following percentiles: • Hours of Service Compliance – 96th percentile; • Unsafe Driving - 96th percentile; • Vehicle Maintenance – 99th percentile; • Driver Fitness – 99th percentile; • Hazardous Materials Compliance – 99th percentile • Crash Indicator – Investigations only; • Controlled Substances/Alcohol – Investigations only. On-Road Safety Data BASICs
  • 7. • 2+ BASICs above the failure standard (= to 96/99 percentile) based on roadside data ; • Violations of critical and/or acute regulations that result in 2 failed BASICs found in an investigation; • 1 failed BASIC from investigation + 1 failed BASIC from roadside; 3 Ways to Proposed Unfit
  • 8. • Intervention thresholds in SMS – much lower than SFD thresholds. • SMS only needs 3 or 5 inspections to score – SFD would need 11+ inspections with violations on each inspection. • SMS is based on percentiles – SFD would be based on absolute performance measures. • SMS scores can be impacted by other carriers – SFD would only be impacted by carrier’s inspections. Differences Between SMS and SFD
  • 10. (Final Rule, December 16, 2015) • (1) Prescribes minimum technical standards for ELDs. • (2) Subject to a limited exception, requires drivers who need to keep RODS to use ELDs. • (3) Establishes explicit requirements for HOS supporting documents, specifying the “number, type and frequency.” • (4) Prohibits harassment of drivers and establishes a complaint process for drivers, due process for carriers and specifies civil penalties. Electronic Logging Devices (ELDs)
  • 11. ELD Mandate  Motor carriers subject to the RODS (logbook) requirements under 49 CFR Part 395 must ensure that drivers use ELDs beginning December 18, 2017.  Motor carriers currently using automatic on-board recording devices (AOBRDs) to satisfy the RODS requirement must make the transition to ELDs no later than December 16, 2019.
  • 12. Exceptions to the ELD Mandate  Drivers that are required to prepare RODS no more than 8 days within any 30-day period;  Drivers in a driveaway-towaway operation in which the vehicle being driven is part of the shipment being delivered – this includes vehicle built for and sold to the armed forces;  Drivers operating a commercial motor vehicle manufactured before model year 2000.
  • 13. HOS Supporting Documents  Motor carriers must retain up to 8 supporting documents for every 24-hour period;  Documents should contain the following: – Driver name or carrier-assigned identification number – Date – Location (including name of nearest city, town, or village; and, – Time
  • 14. Supporting Documents (Cont.) Supporting documents consist of the following five categories:  Bills of lading, itineraries, schedules, or equivalent documents that indicate the origin and destination of each trip;  Dispatch records, trip records, or equivalent documents;  Expense receipts;  Electronic mobile communication records, reflecting communications transmitted through a fleet management system (FMS);  Payroll records, settlement sheets, or equivalent documents that indicates payment to a driver.
  • 15. Prohibition Against Harassment  “Harassment” covers an action by a motor carrier toward one of its drivers that the motor carrier know, or should have known, would result in the driver violating § 392.3, concerning ill or fatigued operation of a CMV, or violating the requirements under Part 395.  Harassment must involve information available to the motor carrier through an ELD or other technology used in combination with and not separable from an ELD.
  • 16. Entry-Level Driver Training (NPRM, Spring 2016)  Section 32304 of MAP-21  The regulations must address knowledge and skills for drivers, with specific requirements for drivers seeking a passenger or hazmat endorsement.  Classroom and behind-the-wheel training is required.  Rules must require that training providers demonstrate that their training meets the Federal standards.  February 2015 – May 2015: ELDTAC Negotiated Rulemaking Committee meetings were conducted. Published on March 7, 2016
  • 17. ELDTAC Recommendations  Class A CDL – 30 hours of behind-the-wheel (BTW) training; Class B CDL – 15 hours of BTW training.  All CDL training providers would be listed on a Training Provider Registry; training providers would complete an identification report and provide a biennial update.  Training providers must submit training certificates to FMCSA; FMCSA will transmit the certificates to the State licensing agency.  NPRM planned for Spring 2016; Final Rule planned for Fall 2016.
  • 18. ELDTAC Recommendations (Cont.)  Six (6) separate curricula recommended: – Class A CDL; – Class B CDL; – Hazardous Materials (H) endorsement; – Passenger (P) endorsement; – School Bus (S) endorsement; and – Refresher training (R) restriction.  Maintain current State-discretion exceptions from CDL testing rules for agriculture and military – no new training requirements.
  • 19. National Registry  April 20, 2012 – Final rule to establish minimum training and testing requirements for all medical examiners who issue medical certificates for interstate truck and bus drivers.  May 21, 2014 (Compliance date) – All medical cards issued on or after that date must be provided by examiners on the registry.  Examiners must complete training course and testing, and submit medical certificate information to FMCSA on everyone who applies for a medical card.
  • 20. National Registry Statistics: May 2014 – December 2015  45,038 certified examiners (completed the training and testing)  8,087,842 medical examinations were conducted. o 7,817,424 drivers received medical certificates  58-59%, 2-year medical cards  ≈ 30%, 1-year medical cards  ≈ 5%, 3-month medical cards  ≈ 1.6%, < 3-month medical cards o 203,632 drivers were temporarily disqualified (2.5%). o 66,786 drivers were disqualified (0.8%).
  • 21. National Registry II (Final Rule, April 23, 2015)  Requires medical examiners to submit medical certificates to FMCSA on a daily basis for each driver they examine. – FMCSA will transmit the medical certificates to the State driver licensing agencies for CDL holders (June 2018). – State licensing agencies will also be able to download the medical certificates from FMCSA for CDL holders and CDL applicants (June 2018).  The rule will decrease the risks of falsification of medical cards.
  • 22. National Registry (FAST Act – VA)  Section 5403 – Veterans may obtain their medical certificates to operate CMVs in interstate commerce from the VA. The VA doctor must: – Be employed by the VA; – Be familiar with the standards for medical certification; – Have never “acted fraudulently.”  DOT must develop a process for qualified physicians to perform medical exams and provide medical certificates – including listing on the National Registry of Certified Medical Examiners.
  • 23. Obstructive Sleep Apnea (ANPRM, February 2016) FMCSA and FRA will jointly issue the ANPRM to gather information about:  The prevalence of moderate-to-severe obstructive sleep apnea (OSA) among individuals occupying safety sensitive positions in rail and highway transportation;  The potential economic impact and safety benefits associated with regulatory actions that would result in transportation workers in these positions, who exhibit multiple risk factors for OSA, undergoing evaluation by a healthcare professional with expertise in sleep disorders, and subsequent treatment. Published on March 10, 2016
  • 24. Drug & Alcohol Clearinghouse (Final Rule, Spring 2016)  Motor carriers, Medical Review Officers (MROs), Substance Abuse Professionals (SAPs), and consortia/third party administrators (C/TPAs) to report: – Verified positive, adulterated, and substituted drug test results, positive alcohol test results, test refusals, negative return-to-duty test results, and information on follow-up testing.  Motor carriers would be required to report actual knowledge of traffic citations for driving a commercial motor vehicle (CMV) while under the influence (DUI) of alcohol or drugs.