The USDOT's Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) have jointly issued a final rule that prohibits truck drivers carrying certain hazardous materials "from entering onto a highway-rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping." The rule was published yesterday, and takes effect on October 25, 2013.
The intent of the rule is of course to reduce highway-rail grade crossing crashes, and amends 49 CFR parts 177 and 392, specifically a revision to 49 CFR 177.804, and the creation of 49 CFR 392.12.
The new requirements apply to vehicles transporting a quantify of hazardous materials requiring placarding under 49 CFR 172, or any amount of a material listed as a toxin under 42 CFR 73.
Showing posts with label FMCSA. Show all posts
Showing posts with label FMCSA. Show all posts
Thursday, September 26, 2013
Thursday, May 31, 2012
USDOT Shuts Down 26 Bus Operators for Safety Violations
The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) announced yesterday that 26 passenger bus operators were shut down as "imminent hazards to public safety." In addition, 10 individual bus company owners, managers, and employees were ordered to cease all passenger operations, so that those individuals cannot attempt to operate as different or newly created motor carriers.
The action targeted three eastern companies that operated a much larger network of bus companies. The federal investigators found all the carriers had multiple safety violations, which included patterns of using drivers without proper commercial licences.
The Agency's press release is attached here. Also, a Washington Post story on the action is attached here as well.
The action targeted three eastern companies that operated a much larger network of bus companies. The federal investigators found all the carriers had multiple safety violations, which included patterns of using drivers without proper commercial licences.
The Agency's press release is attached here. Also, a Washington Post story on the action is attached here as well.
Friday, April 13, 2012
USDOT Offers Free App for Bus Safety
The USDOT's Federal Motor Carrier Safety Administration (FMCSA) has developed a free App(lication) for the iPhone and iPad. The SaferBus App permits allows users to view safety data for interstate bus carriers, as well determining if the carrier is licensed to operate. Safety data is available based on the carrier's USDOT number, or MC (motor carrier) number, which is physically displayed on vehicles.
For non iPhone/Pad users, the safety database is available online.
For non iPhone/Pad users, the safety database is available online.
Wednesday, December 28, 2011
Motor Carrier Hours of Service Final Rule Published
The Federal Motor Carrier Safety Administration (FMCSA) published its much-litigated final rule on hours of service for commercial truckers yesterday. The Final Rule is attached here.
See my post of November 30, 2011 in advance of the Congressional hearing on the latest version of the proposed rule.
As to the Final Rule, the FMCSA decided to keep the 11 hour daily driving maximum in place, rather than a 10 hour limit it initially proposed. The reasoning for abandoning the proposed 10 hour limit is:
"In the absence of compelling scientific evidence demonstrating the safety benefits of a 10-hour driving limit, as opposed to an 11-hour limit, and confronted with strong evidence that an 11-hour limit could well provide higher net benefits, the Agency has concluded that adequate and reasonable grounds under the Administrative Procedures Act for adopting a new regulation on this issue do not exist and that the current driving limit should therefore be allowed to stand for now." (See page 81135 of the Rule).
The Rule also contains various charts indicating the projected costs of the various hours of service options considered. The Agency concluded that the 11 hour rule: "represents a small fraction of one percent of trucking industry revenues and is the cost-equivalent of less than a 3 cent-a-gallon increase in the price of diesel fuel to the long-haul industry."
That an economic cost-benefit won out in the final decision is indicated by this comment on why the originally-proposed 10 hour maximum was rejected: "The 10-hour limit has positive benefits in approximately half the cases, with the 11-hour limit having substantially higher net benefits than the 10-hour limit in most cases. A 10-hour limit, on the other hand might save more lives and prevent more crashes than an 11-hour limit, but at a higher cost." (Also on page 81135).
See my post of November 30, 2011 in advance of the Congressional hearing on the latest version of the proposed rule.
As to the Final Rule, the FMCSA decided to keep the 11 hour daily driving maximum in place, rather than a 10 hour limit it initially proposed. The reasoning for abandoning the proposed 10 hour limit is:
"In the absence of compelling scientific evidence demonstrating the safety benefits of a 10-hour driving limit, as opposed to an 11-hour limit, and confronted with strong evidence that an 11-hour limit could well provide higher net benefits, the Agency has concluded that adequate and reasonable grounds under the Administrative Procedures Act for adopting a new regulation on this issue do not exist and that the current driving limit should therefore be allowed to stand for now." (See page 81135 of the Rule).
The Rule also contains various charts indicating the projected costs of the various hours of service options considered. The Agency concluded that the 11 hour rule: "represents a small fraction of one percent of trucking industry revenues and is the cost-equivalent of less than a 3 cent-a-gallon increase in the price of diesel fuel to the long-haul industry."
That an economic cost-benefit won out in the final decision is indicated by this comment on why the originally-proposed 10 hour maximum was rejected: "The 10-hour limit has positive benefits in approximately half the cases, with the 11-hour limit having substantially higher net benefits than the 10-hour limit in most cases. A 10-hour limit, on the other hand might save more lives and prevent more crashes than an 11-hour limit, but at a higher cost." (Also on page 81135).
Wednesday, November 30, 2011
House to hold Hearing on Trucking Hours of Service
The House Committee on Oversight and Government Reform's Subcommitee on Regulatory Affairs, Stimulus Oversight and Government Spending, is holding a hearing today which represents the lastest in the on-going saga of the Federal Hours of Service regulations for commercial truckers.
The attached written testimony of FMCSA Anne S. Ferro, provides a concise summary of the tortured history of the hours of service regulation over the last 8 years. Ultimately, the latest iteration of the FMSCA rule reduces the current consecutive driving time to 10 from 11 hours, with certain mandatory rest periods.
The prepared testimony of industry groups, and safety advocates, is available at this link. The prepared statements of the witnesses can be viewed by clicking the name of the individual witnesses.
The title of today's hearing: "The Price of Uncertainty: How Much Could DOT's Proposed Billion Dollar Service Rules Cost Consumers This Holiday Season," rather bluntly indicates the Committee's focus on the potential economic impact of shortened hours of service.
The attached written testimony of FMCSA Anne S. Ferro, provides a concise summary of the tortured history of the hours of service regulation over the last 8 years. Ultimately, the latest iteration of the FMSCA rule reduces the current consecutive driving time to 10 from 11 hours, with certain mandatory rest periods.
The prepared testimony of industry groups, and safety advocates, is available at this link. The prepared statements of the witnesses can be viewed by clicking the name of the individual witnesses.
The title of today's hearing: "The Price of Uncertainty: How Much Could DOT's Proposed Billion Dollar Service Rules Cost Consumers This Holiday Season," rather bluntly indicates the Committee's focus on the potential economic impact of shortened hours of service.
Monday, November 28, 2011
Feds Shut down Trucking Firm Related to Closed Carrier
As a follow up to my post of November 17, 2011, the Federal Motor Carrier Safety Administration has also shut down a recently created Maryland trucking business tied to one it shut down earlier this month.
The subject of the current order, Clock Transport, LLC, shares the same address of the previously closed Gunthers Transport LLC, as the head of Clock Transport is a relative of the prior operator of Gunthers.
Peter Hermann in the Baltimore Sun, has this news account.
The subject of the current order, Clock Transport, LLC, shares the same address of the previously closed Gunthers Transport LLC, as the head of Clock Transport is a relative of the prior operator of Gunthers.
Peter Hermann in the Baltimore Sun, has this news account.
Thursday, November 17, 2011
MD Trucking Firm Ordered off Road - FMCSA to Reduce Fines for Small Businesses
We have a two Trucking industry items today.
First, the Federal Motor Carrier Safety Administration has ordered a Maryland-based carrier off the road for safety violations. According to the FMCSA press release, the imminent hazard out-of-service order followed an intensive review of the company's compliance with hours of service and safety regulations.
Next, the FMCSA has announced that trucking companies that are considered small businesses will face reduced fines for violations. According to the Agency's Notice, small businesses will generally face fines that are 20% lower than those imposed on larger entities for similar violations. The fine decision is based on the Agency's Uniform Fine Assessment algorithm, and the requirements of the Small Business Regulatory Enforcement Fairness Act (SBREFA). SBREFA generally requires agencies to provide for the reduction or waiver of civil penalties for violations of statutory or regulatory requirements by small businesses. A copy of the Agency's Notice is linked above.
First, the Federal Motor Carrier Safety Administration has ordered a Maryland-based carrier off the road for safety violations. According to the FMCSA press release, the imminent hazard out-of-service order followed an intensive review of the company's compliance with hours of service and safety regulations.
Next, the FMCSA has announced that trucking companies that are considered small businesses will face reduced fines for violations. According to the Agency's Notice, small businesses will generally face fines that are 20% lower than those imposed on larger entities for similar violations. The fine decision is based on the Agency's Uniform Fine Assessment algorithm, and the requirements of the Small Business Regulatory Enforcement Fairness Act (SBREFA). SBREFA generally requires agencies to provide for the reduction or waiver of civil penalties for violations of statutory or regulatory requirements by small businesses. A copy of the Agency's Notice is linked above.
Friday, October 21, 2011
U.S-Mexico Cross Border Trucking Pilot Program Begins
About 20 years after the passage of the North American Free Trade Agreement (NAFTA), a statutorily mandated pilot program for long-haul trucks between Mexico and the U.S. has commenced.
Mexican carriers whom have received USDOT approval for their equipment and drivers under the Federal Motor Carrier Safety Administration (FMCSA) program will be permitted to operate throughout the U.S. for up to three years. Likewise, U.S. domiciled motor carriers can be granted reciprocal rights to operate in Mexico.
To address safety concerns about Mexican trucks operating in the U.S., the FMCSA pilot program requires the approval of specific drivers whom have been evaluated for English language proficiency and for their past driving records. Also, specific vehicles originating in Mexico must be approved and inspected by FMSCA, and the vehicles must have GPS tracking devices installed.
As part of the implementation of the pilot program, FMCSA has issued advisory documents to local law and state commercial vehicle enforcement, attached here. A "Visor Card" summary has also been issued for enforcement personnel.
Mexican carriers whom have received USDOT approval for their equipment and drivers under the Federal Motor Carrier Safety Administration (FMCSA) program will be permitted to operate throughout the U.S. for up to three years. Likewise, U.S. domiciled motor carriers can be granted reciprocal rights to operate in Mexico.
To address safety concerns about Mexican trucks operating in the U.S., the FMCSA pilot program requires the approval of specific drivers whom have been evaluated for English language proficiency and for their past driving records. Also, specific vehicles originating in Mexico must be approved and inspected by FMSCA, and the vehicles must have GPS tracking devices installed.
As part of the implementation of the pilot program, FMCSA has issued advisory documents to local law and state commercial vehicle enforcement, attached here. A "Visor Card" summary has also been issued for enforcement personnel.
Monday, July 11, 2011
Motor Carrier Safety Administration Seeks Public Comment On Strategic Safety Plan
The Federal Motor Carrier Safety Administration (FMCSA) is seeking public comment on its draft Strategic Plan for 2011-2016 - "Raising the Safety Bar." According to the announcement, which is attached here, the draft strategic plan is based on three core principles: 1) raising the bar to enter the motor carrier industry; 2) maintaining high safety standards to remain active in the industry; and, 3) removing high-risk carriers, drivers, and service providers from operation. Public comments are due by July 29, 2011. The docket number for the rulemaking is FMSCA-2011-0098, and public comments can be viewed and made under that docket number at http://www.regulations.gov/. The draft plan can also be accessed through the FMSCA docket 2011-0098.
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