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Regulatory & Legislative Roundup

Tuesday, August 24, 2010

FMCSA to Eliminate Registrant-Only USDOT Number

FMCSA announced in the August 9 Federal Register that it would eliminate registrant-only USDOT numbers.  FMCSA originally created registrant-only numbers to identify registered owners of CMVs who were not carriers but leased their CMVs to carriers.  FMCSA has determined that the numbers were being used differently than was intended and are having an adverse effect on safety. 

Click here for the full report.

Anti-Texting Rule Sent to OST

FMCSA sent a final rule prohibiting CMV drivers from texting while driving to the Office of the Secretary of Transportation (OST) on July 23.  Once OST reviews and approves the final rule it will be sent to the Office of Management and Budget prior to its publication in the Federal Register.  This final rule follows the proposed rule published in April of this year.  FMCSA projects that the final rule will be published in mid-September.

DOT Announces Changes to Drug and Alcohol Testing Requirements

DOT announced in the August 16 Federal Register its final rule adjusting portions of the drug and alcohol testing requirements.  The changes were made to harmonize DOT testing protocol with that of the Department of Health and Human Services.  Under the new rule the cutoff levels for cocaine and amphetamines are lower, initial screening for heroin is mandatory and MDMA (ecstasy) is now a drug for which testing is conducted.  Additionally medical review officers who conduct drug screenings will need to be re-qualified every 5 years but will no longer need to complete 12 hours of continuing education every 3 years.  This final rule is effective October 1, 2010. 

Click here for the full report.

MCSAC Meeting Scheduled

FMCSA announced that its Motor Carrier Safety Advisory Committee will hold a meeting August 30 through September 1 in Alexandria, VA.  The purpose of the meeting is to discuss fatigue management systems for CMV drivers.  Presentations will be given by fatigue management experts and government officials from Australia, Canada, Mexico, and the US.  The meeting is open to the public and written comments may be submitted for consideration. 

Click here for the full report.

May 2010 Owner-Operator Classification Alert Now Available

The lastest Owner-Operator Classification Alert is available from American Trucking Associations and TCA member Scopelitis, Garvin, Light, Hanson & Feary.  This monthly report is a compilation of pending state and federal legislative and administrative initiatives that impact owner operator classification.   

Click here for the full report.

Tuesday, September 7, 2010

Deadline Extended for Intermodal Compliance

FMCSA announced in the August 20 Federal Register that it was extending the compliance deadline for a portion of the regulations governing intermodal equipment provider requirements. FMCSA is delaying the compliance date for the requirement for drivers and carriers to prepare and driver-vehicle inspection report (DVIR) on an item of intermodal equipment (IME) even if no damage, defects, or deficiencies are discovered by or reported to the driver. This deadline is being extended from June 30, 2010 to June 30, 2011. FMCSA will use the extension to address a petition submitted to the Agency. The petition requested that FMCSA eliminate the requirement for carriers to prepare and transmit a DVIR to the IEP at the time the IME is returned to the IEP even when no damage, defects, or deficiencies are noted. More information is available in the Federal Register notice at, http://edocket.access.gpo.gov/2010/pdf/2010-20603.pdf