DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Parts 385, 390, and 391

[Docket No. FMCSA–2018–0224]

RIN 2126–AC15

Record of Violations

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), Department

of Transportation (DOT).

ACTION: Final rule.

SUMMARY: FMCSA amends its

regulations to eliminate the requirement

that drivers operating commercial motor

vehicles (CMVs) in interstate commerce

prepare and submit a list of their

convictions for traffic violations to their

employers annually. This requirement is

largely duplicative of a separate rule

that requires each motor carrier to make

an annual inquiry to obtain the motor

vehicle record (MVR) for each driver it

employs from every State in which the

driver holds or has held a CMV

operator’s license or permit in the past

year. To ensure motor carriers are aware

of traffic convictions for a driver who is

licensed by a foreign authority rather

than by a State, the Agency amends the

rule to provide that motor carriers must

make an annual inquiry to each driver’s

licensing authority where a driver holds

or has held a CMV operator’s license or

permit.

DATES: This final rule is effective May 9,

2022.

Comments

Jurisdictions have been monitoring progress and determined that an extension of the transition

period is required. This will allow sufficient time for industry to purchase and install certified

ELD devices, and conduct training to be compliant. Based on these factors, jurisdictions will

continue to support the mandate through a period of education and awareness through to

January 1, 2023.

Industry is advised to research ELD device options and ensure any procured ELD is a certified

device as approved by Transport Canada. Approved devices can be found here as they become

certified: https://www.tc.gc.ca/en/services/road/electronic-logging-devices.html

Recognizing a driver's commitment to safety is a great way to celebrate that driver's success and motivate others to emulate it.  CVSA is accepting applications for a driver safety award.

Nominees must have:

• At least 25 cumulative years of crash-free driving in a commercial motor vehicle with a clean driving record for the past three years
• No felony convictions
• No safety-related driving suspensions in the past three years
• No driver violations in the past three years, excluding form and manner violations

The Award

The IDEA winner will receive:

• A check for $2,500
• A crystal trophy
• Airfare for the winner and one guest to Rapid City, South Dakota to receive his/her award
• Two-night hotel stay in Rapid City

Access the entry form on the CVSA website.

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Part 393

[Docket No. FMCSA–2021–0037]

RIN 2126–AC42

Parts and Accessories Necessary for

Safe Operation; Authorized Windshield

Area for the Installation of Vehicle

Safety Technology

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), Department

of Transportation (DOT).

ACTION: Final rule.

Section

393.60(e)(1)(ii) requires devices with

vehicle safety technologies to be

mounted (1) not more than 100 mm (4

inches) below the upper edge of the area

swept by the windshield wipers, or (2)

not more than 175 mm (7 inches) above

the lower edge of the area swept by the

windshield wipers, and (3) outside the

driver’s sight lines to the road and

highway signs and signals.

The Agency modifies § 393.60(e)(1)(ii)

to increase from 100 mm (4 inches) to

216 mm (8.5 inches) the distance below

the upper edge of the area swept by the

windshield wipers within which

vehicle safety technologies may be

mounted. The Agency also amends

§ 393.5 by revising the definition of

vehicle safety technology to add

technologies that had been granted

temporary exemptions from § 393.60(e).

The amendments do not impose new or

more stringent requirements, but simply

codify the temporary exemptions

granted pursuant to 49 CFR part 381

that allow the use of the devices/

technologies in locations that would

previously have been a violation of

§ 393.60(e)(1). More importantly, the

amendments do not mandate the use of

any devices/technologies, but simply

permit their voluntary use while

mounted in a location that maximizes

their effectiveness without impairing

operational safety.

It’s nearly time again for the Commercial Vehicle Safety Alliance (CVSA) annual International Roadcheck. The 72-hour enforcement event is set to take place Tuesday, May 17 through Thursday, May 19, 2022.

If you’re an experienced motor carrier, you know how it works: For 72 hours, inspectors across North America request commercial motor vehicles to pull over for on-the-spot inspections meant to ensure driver and truck safety. Each year, the CVSA highlights a particular focus: In 2021, this was lighting and hours of service compliance.  In 2019, it was driver requirements.

This year, inspectors will pay close attention to wheel-end compliance, which includes the wheels, hubs and tires on a commercial motor vehicle. According to the CVSA, “violations involving these components historically account for one quarter of the vehicle out-of-service violations discovered during International Roadcheck.”

What to Expect

When it comes to checking vehicle wheel ends, inspectors will be on the lookout for:

• Cracks or unseated locking rings, studs or clamps
• Bent, cracked or broken rims on the inside and outside of wheel rims
• Loose, broken, missing or damaged wheel fasteners
• Lubricant leaks, missing caps or plugs
• Leaks in the inner wheel seal and/or the tire and valve stem
• Proper inflation on all tires

Don't neglect the other important components.  The inspectors will be checking them all.

It's really happening.  ATA is partnering with Dept of Labor to administer the program:

The U.S. Department of Labor has established the American Trucking Associations as an official registered apprenticeship sponsor, meaning ATA can now provide its member-companies the ability to offer apprenticeships to job applicants.

Under the apprenticeship program, ATA members will need to meet certain training and compensation standards as they bring in new drivers for a two-year apprenticeship program that will provide graduated wages as drivers develop and expand their skills.

“This is truly an earn-while-you-learn program,” ATA President and CEO Chris Spear said in a press release. “But it’s more than just a paycheck for apprentices: by participating in a registered program, they are eligible for things like child care, housing allowances, and other support as they start down this new career path.”

Under the agreement, ATA and its partner Fastport — a DOL intermediary specializing in transportation and logistics — will administer the program for the participating companies.  

Scopelitis obtained some additional guidance:

New Alternative Vision Standard Blindspot

Feb 23, 2022

Last month, the Federal Motor Carrier Safety Administration issued a final rule eliminating the exemption program used by drivers who can’t meet the vision acuity standards. Beginning March 22, 2022, drivers who don’t meet the standard can obtain a med card by being evaluated by an optometrist or ophthalmologist who will discern if the driver meets an alternative (less stringent) standard. If they do, their medical examiner can issue a med card for up to 12 months. Unfortunately, if it’s the first time the driver has relied on the alternative standard, the motor carrier must conduct a road test on the driver to confirm they can safely operate a commercial motor vehicle.

Under the old rules, if a driver couldn’t meet minimum vision standards, their only remedy was to write to FMCSA and request a five-year exemption allowing them to drive in interstate commerce. Currently, there are nearly 2,000 drivers operating under these exemptions. The proliferation of these exemptions led to criticism that the vision standards should be updated to reflect the criteria FMCSA was applying when granting the exemptions.

FMCSA’s response has left some in the industry wondering how to comply, however. That’s because there’s no reliable way to discern whether the driver relied on the alternative standard. STC queried the Federal Motor Carrier Safety Administration for tips on how to best comply. We were advised that clues to whether a road test is required may lie in the previous employer inquiry because the rules provide an exception to the road test requirement for drivers who have been operating with the vision deficiency for at least three years. Also, in some cases, the MVR may indicate if the driver was qualified under the exemption program, which also exempt the driver from the road test requirement.

Otherwise, for drivers whose medical card is issued for 12 months or less, carriers should specifically inquire whether the driver relied on the alternative standard to obtain their medical card. If the answer is yes, and this was the first time they’ve been qualified using the new rules, a road test is required. Unfortunately, the use of alternative standard will not be specifically noted on the MVR or the med card, meaning carriers will need to develop new protocols to ensure compliance. While STC appreciates the move by FMCSA to update its regulations, there likely will be some hiccups implementing this in the industry.

The Federal government published an NPRM which included a number of proposals that affect the transportation industry.  An important one was number one on the list.  Here is the link to the register and an excerpt:

Published in today’s Federal Register is a DOT Notice of Proposed Rulemaking (NPRM).  The NPRM is available at https://www.govinfo.gov/content/pkg/FR-2022-02-28/pdf/2022-02364.pdf and in the attachment.  Today we will post it on the ODAPC webpage at https://www.transportation.gov/odapc/frpubs.

The proposals in the NPRM include:

Permit Oral Fluid testing as an alternative drug testing method for DOT-regulated workplace testing

It's a new year so the season of special enforcement projects begins:

• 2021
• 2020

International Roadcheck Is May 17-19 With a Focus on Wheel Ends

FEBRUARY 16, 2022

The Commercial Vehicle Safety Alliance (CVSA) has announced this year’s International Roadcheck dates as May 17-19 with a focus on wheel ends.

International Roadcheck is a 72-hour high-visibility, high-volume commercial motor vehicle inspection and enforcement initiative. Commercial motor vehicle inspectors in Canada, Mexico and the U.S. will conduct North American Standard Inspections of commercial motor vehicles and drivers at weigh and inspection stations, on roving patrols, and at temporary inspection sites.

https://www.pmta.org/resources/Documents/Fleet_Safety_Instructions.pdf

The Fleet Safety Awards deadline is March 31, 2022.  What a great way to showcase your fleet's commitment to safety!