The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today published a final rule updating hours of service (HOS) rules to increase safety on America’s roadways by updating existing regulations for commercial motor vehicle (CMV) drivers.  

Based on the detailed public comments and input from the American people, FMCSA’s final rule on hours of service offers four key revisions to the existing HOS rules:

Short-Haul Operations	·        Extends drivers’ maximum on-duty period from 12 to 14 hours; ·        Extends the air-mile radius within which the driver may operate from 100 air miles to 150 air miles.
Adverse Driving Conditions	·        Modifies the adverse driving conditions exception by extending, by 2 hours, the maximum on-duty window during which driving is permitted;
30-Minute Break	·        Requires a 30-minute break after 8 consecutive hours of driving time have elapsed; ·        Allows a break to be taken in an on-duty, not-driving status.
Sleeper Berth Exception	·        Allows drivers to split their required 10-hours off duty into two periods: an 8 and 2 split or a 7 and 3 split, either off duty or in the sleeper berth; ·        Neither period counts against the driver’s 14-hour driving window.

You can view the full Final Rule here.

CAMP HILL, Pa – The Pennsylvania Motor Truck Association (PMTA) has announced that with the passing of the Association’s President, Kevin Stewart, PMTA’s First Vice Chairman Joe Butzer will serve as Interim President effective immediately.

Butzer has been in the transportation industry for more than 35 years. He has operated a trucking company along with a full-service truck leasing company in central Pennsylvania. Butzer has been a long-time member of PMTA serving as President of PMTA’s Lancaster Chapter and currently the chapter Treasurer.

He has been on the State PMTA Board for six years and has served as Chairman of its Legislative Committee.

“With Joe’s background in the transportation industry, along with his experience at PMTA, he is uniquely qualified to serve as Interim President of PMTA,” said current Chairman Gladys Knox of Wright Knox Motor Lines.

Butzer states, “while I was excited to serve as Chairman of the Board of Directors of PMTA beginning May 15, 2020, with the passing of Kevin Stewart, who I considered a friend, I will surrender my Chairman’s position and I am honored to serve the hard working members of PMTA as the Interim President. These are trying times for every industry and I promise to do my best to serve our vital industry in Pennsylvania.”

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The Pennsylvania Motor Truck Association was organized in 1928. As part of a national integrated network of trucking associations and affiliates, we identify the key issues that impact the trucking industry and fight to preserve and strengthen the trucking industry and its jobs in each of the 67 counties and 2,567 municipalities in Pennsylvania, and with our elected officials in Harrisburg and Washington, D.C. We also provide an array of tangible business services to our members, delivering education and awareness programs, up-to-the-minute industry news and trends, and money saving services.

Media Contact: Brandon Moree
717-761-7122 ([email protected])

SUMMARY: PHMSA is issuing this final rule to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations.

Additionally, PHMSA is adopting several amendments to the HMR that would allow for increased alignment with the Transport Canada, Transportation of Dangerous Goods Regulations.

 
DATES:
Effective date: This rule is effective May 11, 2020, except for instruction 17,
which is effective January 2, 2023.
Voluntary compliance date: January 1, 2019.
Delayed compliance date: May 10, 2021.
Incorporation by reference date: The incorporation by reference of certain
publications listed in this rule is approved by the Director of the Federal

Register as of May 11, 2020.

FULL RULE

To remove a vehicle from an apportioned account, Form MV-552A must be completed and submitted to remove the vehicle(s) from the account.   Form MV-552A can be found at www.dmv.pa.us .  The apportioned renewal will be processed for the remaining vehicles on the apportioned account.  The registration plates for the removed vehicles will also need to be returned by June 10th in order for them to be eligible for prorated registration when they add the vehicles back onto the account.  When the carrier is ready to put those removed vehicles back into service, the carrier will again need to complete another Form MV-552A to add the vehicle back to the apportioned account.  The registration fees for those added will be charged at that time. 

 

The FMCSA announces the start of the Crash Preventability Determination Program (CPDP).  Under this program, if you have an eligible crash that occurred on or after August 1, 2019, you may submit a Request for Data Review (RDR) with the required police accident report and other supporting documents, photos, or videos through the Agency’s DataQs website.

 

See attached presentation, which provides an overview of the CPDP.  Be sure to check out the CPDP website: www.fmcsa.dot.gov/crash-preventability-determination-program  which contains Fact Sheet, FAQs, Eligibility and Submitter Guide documents.

 

On July 27, 2017, FMCSA announced a Crash Preventability Demonstration Program to evaluate the preventability of eight categories of crashes through submissions of Requests for Data Review to its national data correction system known as DataQs.  On August 5, 2019, based on experiences with the demonstration program, FMCSA proposed a new CPDP with a streamlined process.  Based on comments received in response to the August 2019 proposal, FMCSA established the CPDP which will expand the types of eligible crashes, modify the Safety Measurement System to exclude crashes with not preventable determinations from the prioritization algorithm and note the not preventable determinations in the Pre-Employment Screening Program.

 

The following crash types are eligible for participation in the program:

 

Struck in the Rear type of crash when the CMV was struck:

• in the rear; or
• on the side at the rear.

 

Wrong Direction or Illegal Turns type of crash when the CMV was struck:

• by a motorist driving in the wrong direction; or
• by another motorist in a crash when a driver was operating in the wrong direction; or
• by a vehicle that was making a U-turn or illegal turn.

 

Parked or Legally Stopped type of crash when the CMV was struck:

• while legally stopped at a traffic control device (e.g., stop sign, red light or yield); or while parked, including while the vehicle was unattended.

 

Failure of the other vehicle to Stop type of crash when the CMV was struck:

• by a vehicle that did not stop or slow in traffic; or
• by a vehicle that failed to stop at a traffic control device.

 

Under the Influence type of crash when the CMV was struck:

• by an individual under the influence (or related violation, such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred; or
• by another motorist in a crash where an individual was under the influence (or related violation such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred.

 

Medical Issues, Falling Asleep or Distracted Driving type of crash when the CMV was struck:

• by a driver who experienced a medical issue which contributed to the crash; or
• by a driver who admitted falling asleep or admitted distracted driving (e.g., cellphone, GPS, passengers, other).

 

Cargo/Equipment/Debris or Infrastructure Failure type of crash when the CMV:

• was struck by cargo, equipment or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road); or crash was a result of an infrastructure failure.

 

Animal Strike type of crash when the CMV:

• struck an animal

 

Suicide type of crash when the CMV:

• struck an individual committing or attempting to commit suicide

 

Rare or Unusual type of crash when the CMV:

• Was involved in a crash type that seldom occurs and does not meet another eligible crash type (e.g., being struck by an airplane or skydiver or being struck by a deceased driver).

 

CPDP website: www.fmcsa.dot.gov/crash-preventability-determination-program    

Kevin Stewart's family will hold its own private memorial and will have a public service at a later date due to the current coronavirus pandemic.

Stewart's full obituary can be read here. 

It is with a heavy heart we share the news that PMTA President and CEO Kevin Stewart passed away the morning of Tuesday April 28, 2020. Kevin was a tremendous steward of the association for seven years, serving as the Safety Director for three years before taking over as President and CEO. 

Kevin came to PMTA after a successful career with the Pennsylvania State Police and the Pennsylvania Department of Transportation.

Kevin’s knowledge and expertise have been invaluable to the association and those attributes will be nearly impossible to replace. Kevin worked tirelessly to ensure that the needs of the membership were met and stood up for the industry with both our State and Federal Governments. Our thoughts and prayers are with his family at this difficult time.

EXEMPTION 2020-14

Pursuant to the Proclamation of Disaster Emergency issued by the Governor on March 6, 2020, and 75 Pa. C.S. § 6108, the waivers in this exemption apply to individuals who have a Hazardous Material Endorsement (“HME”) that is scheduled to expire between March 6, 2020, and May 31, 2020. The Pennsylvania Department of Transportation hereby issues the following exemption:

TYPE OF OPERATION: An individual who transports hazardous materials via commercial motor vehicle is required by Federal law, 49 CFR part 1572, to undergo a security threat analysis in order to be issued an HME under 75 Pa.C.S. § 1610. As part of the application process for renewal of an HME, the applicant must complete a security threat analysis no later than sixty (60) days before the current HME expires. 49 CFR part 1572.

EXTENT OF EXEMPTION: The expiration date of an HME for an individual who is a Pennsylvania-licensed commercial driver’s license holder and who held a valid, unexpired HME with a determination of no security threat on or after March 6, 2020, is extended until May 31, 2020.

EFFECTIVE DATE: March 6, 2020 0001 hours.

TERMINATION DATE: May 31, 2020 2359 hours.

SPECIAL CONDITIONS:

1. An individual whose HME is extended in accordance with this exemption must initiate a security threat analysis no later than sixty (60) days before the extended expiration date of the individual’s HME.

2. The Federal Department of Homeland Security, Transportation Security Administration, has authorized States to grant an extension for renewal of an HME. See: https://dps.sd.gov/application/files/3015/8628/8498/noticecovid-19-hme-exemption-20200402.pdf 

Drug and Alcohol Clearinghouse Portal Support If you are experiencing difficulties that are preventing you from linking to your Portal account in the Clearinghouse, please contact the FMCSA Portal Registration Call Center at 800-724-2811. The Portal Registration Call Center’s hours of operation are Monday thru Friday 8:00 a.m.-8:00 p.m. EDT. FMCSA Updates SMS Website FMCSA has updated the CSA SMS Website with the March 27, 2020 results. Complete SMS results are available to enforcement users and motor carriers that are logged into the SMS. Logged-in enforcement users can view all carrier safety data, while logged-in motor carriers can only view their own data. If you are a motor carrier and do not have login credentials, please click here for more information on how to obtain your PIN.