Trucking Industry Awaits Final EOBR Rule
April 02, 2014
The trucking industry continues to await a final rule on electronic onboard recording (EOBR) devices—electronic devices that attach to a vehicle and record the amount of time a vehicle is being driven—from the Department of Transportation’s (DOT) Federal Motor Carrier Administration (FMCSA).
<p>FMCSA had originally planned to release the rule by the end of 2013. The rule is expected to now be released this year, but no specific date is set.</p><p>The mandate requiring all trucks to have electronic logging devices was included in the latest highway reauthorization law—Map-21—that was signed in 2012.</p><p>FMCSA has been working towards an e-logging rule for years. In 2010 it wrote a rule that would have required the devices on trucks owned by carriers with poor safety records. In 2011, the agency proposed to expand the rule to nearly all interstate carriers.</p><p>After a court battle over the rule, FMCSA went to work revising it to ensure carriers couldn’t use the devices to harass their drivers.</p><p>Even without government mandates, a growing number of carriers are using the devices. According to industry research, it’s estimated that 35 percent of all carriers use EOBRs and 43 percent of large carriers have fully implemented EOBRs in each of their trucks.</p><p>Research also shows that 70 percent of carriers have at least tested or are currently testing EOBRs.</p><p>More and more fleets may take advantage of the technology as new models of EOBRs, particularly those with lower price points, enter the market. Device manufacturers have said that decreasing costs mean the mandate will cost the industry far less than the $2.4 billion the government estimated in 2011.</p><p>Users of EOBRs said the devices can help with CSA compliance, eliminate paper records to reduce driver admin time, and provide more visibility into safe-driving behaviors. There is also evidence that compliant drivers gain miles per month with EOBRs because they manage their time better and dispatchers better manage load assignments.</p><p><em>By “Move Ahead” Staff</em></p></div>
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FMCSA Receives Authority to Shut Down Carriers
March 31, 2014
The Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) has new authority to shut down motor carriers who display a pattern of egregious disregard for compliance with federal safety rules under a rule recently released.
<p>In addition, FMCSA can now suspend or revoke the operating authority of carriers who allow persons who have a history of “egregious” noncompliance “to exercise controlling influence over their operations.”</p><p>Under the new rule, FMCSA will determine whether a carrier has failed to comply with safety regulations or has tried to conceal such noncompliance. If a carrier meets FMCSA’s initial threshold, it will further evaluate the carrier to see if it has made a pattern out of not complying with safety rules or is a reincarnated carrier. It can then revoke or suspend the carrier’s authority.</p><p>FMCSA acknowledges that loss of operating authority registration is a significant penalty. “This rule is necessary and appropriate, however, to address motor carriers that engage in a pattern or practice of willfully violating safety regulations or forming new entities or affiliate relationships to avoid compliance or mask or otherwise conceal noncompliance,” the agency said.</p><p>The rule also strengthens the agency’s ability to target “chameleon” carriers or “reincarnated” carriers. FMCSA said it has determined that each year a small number of motor carriers have attempted to avoid regulatory compliance or mask or otherwise conceal noncompliance by submitting new applications for registration, often under a different name, to continue operations after being placed out of service or to avoid other negative consequences.</p><p>Congress directed FMCSA to expand its authority in both of the most recent highway funding bills — SAFETEA-LU, passed in 2009, and the current MAP-21 law, passed in 2012. FMCSA said it will define a “pattern of noncompliance” on a case-by-case basis and must have the “flexibility to tailor its enforcement actions” accordingly.</p><p>The rule should only affect a small amount of carriers each year, FMCSA said. <a href="http://www.gpo.gov/fdsys/pkg/FR-2014-01-22/pdf/2014-01174.pdf">Click here</a> to view the entire rule.</p><p><em>By “Move Ahead” Staff</em></p></div>
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FMCSA Moves Closer to Electronic On-Board Recorder Rule
March 18, 2013
The Federal Motor Carrier Safety Administration (FMCSA) said it is continuing to work toward an electronic on-board recorder (EOBR) rule, which was mandated in the most recent highway authorization bill, and expects to issue its initial rule in March.
<p>After a public comment period, the FMCSA expects to issue the final rule in October, and carriers then have two years to equip their trucks with the electronic logging devices.</p><p>The agency has been moving toward a rule for years and had finalized a rule that was slated to take effect in June 2012.</p><p>In 2011, the 7<sup>th </sup>U.S. Circuit Court of Appeals said the agency’s EOBR rule failed to ensure that the devices wouldn’t be used to harass truck drivers, delaying the rule.</p><p>The court said, “The agency needs to consider what types of harassment already exist, how frequently, and to what extent harassment happens, and how an electronic device capable of contemporaneous transmission of information to a motor carrier will guard against (or fail to guard against) harassment.”</p><p>The FMCSA is now working with motor carriers and drivers to determine how it could prevent driver harassment when issuing its new EOBR rule.</p><p>In December, the agency issued an information collection request on how it could - and is - accepting comments.</p><p>One thing that’s very positive with this all this electronic logging discussion and eventual regulatory change is that it has certainly stepped up the interest in commercial telematics products,” said Mike Flynn, Penske Truck Leasing manager of on-board technology.</p><p>A growing number of fleets are turning to EOBRs to increase driver safety. There are more than 350,000 EOBRs already in use in the trucking industry.</p><p>The federal government’s Compliance, Safety, Accountability (CSA) program has been driving carriers to adopt EOBRs to improve their results. The devices also allow carriers to eliminate paper records and to reduce driver admin time.</p><p>EOBRs can also provide more visibility into safe driving behaviors. Drivers can gain miles per month with EOBRs because they manage their time better and dispatchers better manage load assignments.</p><p>As technology providers prepare for the mandate, many are rolling out new, more convenient technology, including fleet management platforms that run on mobile devices instead of hard-wired, on-board computers.</p><p>Some providers are also incorporating built-in printers into their devices that can provide paper reports at roadside inspections.</p><p>“We’ll definitely see some fleets adopt simple, one-solution tools that comply with the mandate, but others will take this as an opportunity to investigate a telematics solution that provides numerous benefits for their organization,” Flynn explained. “Inevitably this will be a very positive step for our industry and customer base.”</p><p><a href="https://www.pensketruckleasing.com/request_info/">Contact Penske Truck Leasing today</a> to discuss your on-board fleet technology needs.</p><p></p><div class="rm-shortcode" data-rm-shortcode-id="730d5c33170a9c62bcd48c95e255253b" id="7fe0f"><blockquote class="twitter-tweet twitter-custom-tweet" data-partner="rebelmouse" data-twitter-tweet-id="313647873621385216"><div style="margin:1em 0">Read it on the Penske blog: FMCSA closer to electronic on-board recorder rule http://t.co/jj2hFSkDEc</div> — Penske Transportation Solutions (@Penske Transportation Solutions)<a href="https://twitter.com/PenskeNews/statuses/313647873621385216">1363614455.0</a></blockquote></div><p></p><p align="right"><i>By “Move Ahead” Staff</i></p></div>
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FMCSA Urges Truck Fleets to Choose GPS Systems Wisely
March 15, 2013
The U.S. Federal Motor Carrier Safety Administration (FMCSA) is reminding truck drivers and fleet operators to choose their GPS navigation systems carefully. Failing to select a GPS navigation unit designed for commercial vehicles can lead to serious safety concerns.
<p>“All GPS navigation systems are not created equally,” said Penske Truck Leasing’s Mike Flynn, manager of on-board technology.</p><p>“It’s easy to purchase a consumer grade GPS navigation unit online or at any leading electronics retailer,” he said. “However, many of these systems are simply not set up or designed for commercial vehicle use and they should not be used by any commercial truck fleet.”</p><p>Flynn said it’s a matter of safety for truck drivers and others on the road.</p><p>“Consumer grade GPS navigation systems simply don’t identify things like low overpasses, weight restrictions, or other warnings critical to operating a truck safely and in compliance with local ordinances,” he noted.</p><p>FMCSA has designed a special PDF visor card for truck drivers and fleet operators to <a href="http://fmcsa.dot.gov/about/outreach/education/GPS_Visor_Card_508.pdf">download here.</a></p><p><b>Penske Offers Help with Fleet Technology Solutions</b></p><p>In an era of more stringent CSA regulations for commercial truck fleets and truck drivers, it’s best to make the extra investment in <a href="https://www.pensketruckleasing.com/tracking-performance/">commercial grade telematics systems</a>.</p><p>Penske Truck Leasing helps its full-service truck leasing customers select from wide variety of commercial fleet telematics systems.</p><p>These systems offer commercial grade GPS navigation technology and other more robust tools to help drivers and fleet owners track the vehicle and its performance, maximize fuel efficiency, ensure regulatory compliance, track location, and much more.</p><p><a href="https://www.pensketruckleasing.com/request_info/">Contact Penske Truck Leasing today</a> to discuss your on-board fleet technology needs.</p><p></p><div class="rm-shortcode" data-rm-shortcode-id="0fd6bca12a663325b680389bd3f7e432" id="4eb10"><blockquote class="twitter-tweet twitter-custom-tweet" data-partner="rebelmouse" data-twitter-tweet-id="312568182936326145"><div style="margin:1em 0">From the Penske blog: U.S. FMCSA urges truck fleets to choose GPS systems wisely http://t.co/FYnKvDAOIL</div> — Penske Transportation Solutions (@Penske Transportation Solutions)<a href="https://twitter.com/PenskeNews/statuses/312568182936326145">1363357036.0</a></blockquote></div><p></p><p align="right"><i>By Randy Ryerson</i></p></div>
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Highway Law Funds Infrastructure, Mandates EOBRs
September 18, 2012
U.S. President Barack Obama signed the transportation reauthorization law, authorizing $105 billion in spending for highways and public transit over the next two years and government mandates intended to increase safety, such as mandatory electronic on-board recorders (EOBRs) and the creation of a federal drug and alcohol clearinghouse.
<p>The last comprehensive funding law expired in September 2009 and underwent nine extensions before Congress reached an agreement on the final bill — named MAP-21 for “Moving Ahead for Progress in the 21st Century.”</p><p>Many in the industry criticized the bill for not addressing long-term funding for the nation’s highway system or the Highway Trust Fund—the current funding mechanism for transportation infrastructure projects—which is going broke.</p><p>Several groups, including the American Trucking Associations (ATA) and the U.S. Chamber of Commerce, urged Congress to raise the 24.4 cent diesel tax and the 18.4 cent gasoline tax to boost revenue.</p><p>However, the bill stipulates that all federal taxes on diesel fuel and gasoline, and all excise taxes on trucks, tractors and tires, will remain unchanged through Sept. 30, 2016, and the Heavy Vehicle Use Tax will remain unchanged through Sept. 30, 2017.</p><p>Because of the shortage, billions of dollars in general fund money will continue to supplement transportation spending.</p><p>The law did address several safety-related issues. Under MAP-21, the Department of Transportation (DOT) must establish regulations mandating EOBRs within one year. Despite the law, the House recently approved a bill that would block the mandate.</p><p>In addition, the DOT must create and maintain a national clearinghouse to capture drivers’ positive drug or alcohol test results and records of refusals to test.</p><p>As a result of the clearing house, employers will be able to check driver records across employers. Currently, when a driver moves from one trucking company to another, some positive drug and alcohol test results are not discovered by the hiring company because the results are self-reported and not centrally tracked.</p><p>Motor carriers will be required to query the clearinghouse when screening new driver applicants.</p><p>Another provision within the law designed to increase safety concerns driver moving violations. Within one year, the Federal Motor Carrier Safety Administration (FMCSA) must establish standards for state systems that automatically notify motor carriers of drivers’ moving violations and suspensions.</p><p>Motor carriers may use these systems to meet the current annual motor vehicle record review requirements. FMCSA will develop a national system within two years.</p><p>The bill calls for a national freight program, which will include an assessment of the condition and performance of the national freight network and identification of highway freight bottlenecks.</p><p>However, the law doesn’t including funding for the program. The law also calls for several studies that could increase safety, including a field study looking into the effectiveness of the 34-hour restart provision of the hours of service rule and a comprehensive size and weight study.</p><p>Under the law, truck size and weight will remain the same, but DOT is required to conduct the study within two years, and to compile a list of the existing truck size and weight limit laws in every state.</p><p></p><div class="rm-shortcode" data-rm-shortcode-id="13c1c0870ba9e32948104b0db4758c07" id="eb012"><blockquote class="twitter-tweet twitter-custom-tweet" data-partner="rebelmouse" data-twitter-tweet-id="248047861391056896"><div style="margin:1em 0">From the Penske blog: highway law funds infrastructure, mandates EOBRs
http://t.co/9TOXrOho</div> — Penske Transportation Solutions (@Penske Transportation Solutions)<a href="https://twitter.com/PenskeNews/statuses/248047861391056896">1347974193.0</a></blockquote></div><p></p><p align="right"><em>By “Move Ahead” Staff</em></p></div>
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DOT Hosting Hours-of-Service Listening Session
February 16, 2011
On February 17, 2011, the Federal Motor Carrier Safety Administration will host a public listening session on a proposed rule revising hours-of-service (HOS) requirements for commercial truck drivers. The public can participate in-person, online, or by phone. Check out the DOT’s Fast Lane blog for the full details on how to participate. In a related matter, the FMCSA has also extended the comment period on the HOS issue to March 4. To read a good summary be sure to check out this article from The Journal of Commerce written by William B. Cassidy.
<p>Be sure to read <em>Move Ahead's</em> <a href="http://blog.gopenske.com/lease/new-hours-of-service-regulation-proposed/" title="New Hours-of-Service Regulation Proposed for Truck Drivers">January blog post</a> about the proposed HOS chages as well.</p><p><em>By Randy Ryerson</em></p></div>
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New Hours of Service Regulation Proposed
January 18, 2011
The U.S. Federal Motor Carrier Safety Administration (FMCSA) has issued a regulatory proposal that would revise hours-of-service (HOS) requirements for commercial truck drivers.
<p>This new HOS proposal would retain the "34-hour restart" provision allowing drivers to restart the clock on their weekly 60 or 70 hours by taking at least 34 consecutive hours off-duty. However, the restart period would have to include two consecutive off-duty periods from midnight to 6:00 a.m. Drivers would be allowed to use this restart only once during a seven-day period.</p><p>The proposal also would require commercial truck drivers to complete all driving within a 14-hour workday, and to complete all on-duty work-related activities within 13 hours to allow for at least a one hour break. It also questions whether drivers should be limited to 10 or 11 hours of daily driving time. The FMCSA currently favors a 10-hour limit.</p><p>Other provisions include the option of extending a driver's daily shift to 16 hours twice a week to accommodate for issues such as loading and unloading at terminals or ports, and allowing drivers to count some time spent parked in their trucks toward off-duty hours.</p><p>Commercial truck drivers who violate this proposed rule would face civil penalties of up to $2,750 for each offense. Trucking companies that allow their drivers to violate the proposal's driving limits would face penalties of up to $11,000 for each offense.</p><p>Driving hours are regulated by federal HOS rules, which are designed to prevent commercial vehicle-related crashes and fatalities by prescribing on-duty and rest periods for drivers.</p><p>The rulemaking has been published in the Federal Register and the public has until the end of February to comment. The final rule is expected by July 26.</p><p>For more information or to submit your comments <a href="http://www.fmcsa.dot.gov/rules-regulations/topics/hos-proposed/hos-proposed.aspx">click here</a>.</p><p><em>By Kathleen Walter</em></p><p><em> </em></p></div>
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