Larry Minor, will update attendees on the proposed rules relating to four specific aspects of the hours-of-service (HOS) for which the Agency is considering changes: Expanding the current 100 air-mile “short-haul” exemption; Extending the current 14-hour on-duty limitation; Revising the current mandatory 30-minute break; and reinstating the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks that are equipped with a sleeper-berth compartment. Speaker: Larry Minor, FMCSA

1. FMCSA Safety Initiatives Update
Larry W. Minor
Associate Administrator for Policy
February 20, 2019

2. Electronic Logging Devices (ELDs)
(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.

3. ELD Mandate: Carriers and Drivers
• 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.

4. Relationship Between ELDs and
the Hours-of-Service Rules
• ELD requirement does not change the applicability of the
HOS rules, the numerous exceptions within the rules, or
the flexibility provided to carriers/drivers.
• Personal Conveyance Guidance (June 7, 2018)
• Agricultural Commodity Guidance (June 7, 2018)

5. https://www.fmcsa.dot.gov/hours-service/elds/electronic-logging-
devices

6. https://csa.fmcsa.dot.gov/ELD/List

7. ELD Compliance - Roadside Inspection Data
Violation
Code
Violation
Description
2016 2017 2018
395.8 ROD Violation
(form and
manner).
171,648
(16.65%)
170,988
(16.87%)
80,042
(8.17%)
395.22A Operating with
an ELD that is not
registered with
FMCSA.
N/A N/A 36,493
(3.72%)
Source - https://ai.fmcsa.dot.gov/SafetyProgram/RoadsideInspections.aspx.

8. HOS Compliance - Roadside Inspection Data
Violation
Code
Violation
Description
2016 2017 2018
395.3A2PROP Driving beyond
the 14-hour duty
period (14-hour
rule)
35,939
(3.49%)
32,973
(3.25%)
16,173
(1.65%)
395.3A3PROP Driving beyond
the 11-hour
driving limit in a
14-hour period
(11-hour rule)
20,245
(1.96%)
19,202
(1.89%)
10,716
(1.09%)
Source - https://ai.fmcsa.dot.gov/SafetyProgram/RoadsideInspections.aspx.

9. HOS Advance Notice of Proposed Rulemaking (ANPRM)
• August 23, 2018 – ANPRM published seeking input
in 4 areas:
–Short-haul exception for RODS;
–Adverse driving conditions;
–30-minute rest break provision;
–Split sleeper berth provision; and,
–Owner-Operator Independent Drivers Association
(OOIDA) and TruckerNation petitions.

10. HOS ANPRM (Continued)
• Owner-Operator Independent Drivers Association
(OOIDA) petition:
–Extension of the 14-hour window by up to 3 hours of off-
duty time;
– 10 hours of off-duty time at the end of the shift.
• TruckerNation.Org petition:
–Prohibit driving after the driver has accumulated 14 hours
of on-duty time.

11. Entry-Level Driver Training (ELDT)
(Final Rule, December 8, 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: Negotiated Rulemaking
Committee meetings were conducted.

12. ELDT Final Rule
 Class A CDL – Estimate of 30 hours of behind-the-wheel
(BTW) training for most students; Class B CDL – estimate of
15 hours of BTW training.
 All CDL training providers must be listed on a Training
Provider Registry; training providers must 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.
 Compliance Date: February 2020.

13. Drug & Alcohol Clearinghouse
(Final Rule, December 5, 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.
 Compliance Date: January 6, 2020.

14. Clearinghouse (Cont.)
 Reporting:
– Employers/Service Agents report positive tests/refusals.
– Employers must report actual knowledge of DUIs.
– Labs must report annual summary of activity.
 Searching:
– Employers check pre-employment and annually for all drivers.
– SDLAs check before issuing CDL.
– NTSB access during crash investigation.
 Retention:
– Record removed after 5 years if return-to-duty completed.
– Record retained indefinitely if return-to-duty is not completed.

15. DOT’s Automated Vehicles (AV) 3.0
• On October 4, 2018, the Department published
“Preparing for the Future of Transportation: Automated
Vehicles 3.0,” (AV 3.0)
• Builds upon “Automated Driving Systems 2.0: A Vision for
Safety” (AV 2.0)
• Expands the scope to all on-road transportation
systems; and,
• Continues the commitment to making the regulatory
process more nimble to help match the pace of private
sector innovation.

16. https://www.transportation.gov/av/3

17. Levels of Automation of Greatest Interest:
No Driver at the Controls
 SAE Level 4, High Driving Automation: The vehicle is capable of
performing all driving functions under certain conditions. The driver
may have the option to control the vehicle.
 SAE Level 5, Full Driving Automation: The vehicle is capable of
performing all driving functions under all conditions.

18. FMCSA’s 2018 Request for Comments
• Volpe report – whether any of the FMCSRs may hinder the testing
and safe integration of ADS-equipped CMVs.
• Scenarios where ADS is likely to be tested and integrated into
CMV operations;
• Operational design domains (ODD) in which these systems are
being operated or would be tested and eventually deployed;
• Measures that are needed to ensure the protection of any
proprietary or confidential business information the industry
shares with the Agency.

19. FMCSA Rulemaking (ANPRM)
“Safe Integration of Automated Driving Systems—Equipped
Commercial Motor Vehicles” (RIN 2126-AC17)
“FMCSA requests public comment about Federal Motor
Carrier Safety Regulations (FMCSRs) that may need to be
updated, modified, or eliminated to facilitate the safe
introduction of automated driving systems (ADS) equipped
commercial motor vehicles (CMVs) onto our Nation’s
roadways.”
ANPRM Schedule: Early 2019.

20. ANPRM – Looking at the FMCSRs
• Licensing and Driver
Qualifications (Parts 383 &
391)
• Safe Driving (Part 392)
• Parts and Accessories (Part
393)
• Hours of Service (Part 395)
• Inspection, Repair and
Maintenance (Part 396)
• Hazardous Materials (Part 397)

21. http://www.dot.gov/regulations/report-on-significant-rulemakings

22. Questions
Federal Motor Carrier Safety Administration
Office of Policy
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: 202-366-2551
http://www.fmcsa.dot.gov