FMCSA Update. April 20, 2016 Patrick Muinch

Transcription

1 FMCSA Update April 20, 2016 Patrick Muinch Industry Briefing, April 2011 FMC-CSA

2 Topics CSA Carrier Scores Uniform Registration System (URS) Driver Coercion Rule Electronic Logging Devices (ELD) Random Drug Testing Rate National Clearinghouse Updated Medical Examination Forms

3 CSA Carrier Scores

4 CSA Carrier Scores - December 2015 Rule Changes FAST Act prohibits public display of CSA scores. Passenger carrier CSA scores remain on website. FMCSA continues to use CSA scores internally. FMCSA will not release to requesters. Public can still submit FOIA requests for data. FMCSA must complete a CSA study, address deficiencies, address GAO issues.

5 Uniform Registration System (URS)

6 Uniform Registration System (URS) Phase 1 Part 1 Already in effect Must update USDOT # every 2 years or will be Inactivated Part 2 Effective September 30, 2016 Only DOT# - all others gone (ie MC ) Electronic filing only $300 fee for everyone DOT # not active immediately On-line updates All carriers must have process agents

7 URS Timeline Dec 12, 2015 Sept 30, 2016 Dec 31, 2016 MCSA-1 - Electronic filing only Name, address changes within 30 days. Insurance filing for new private HM and exempt for hire. BOC -3 required for new private HM & Exempt for hire $300 per registration fees for new applicants. Existing private and exempt for-hire must file BOC-3. Existing private HM & exempt for-hire must file insurance.

8 URS Application Process Q & A Format

9 URS Application Process Q & A Format

10 URS Application Process Q & A Format

11 URS Application Process A process agent is a representative upon whom court papers may be served in any proceeding brought against a motor carrier, broker, or freight forwarder.

12 Resources FAQs - View info contact center

13 Driver Coercion Rule

14 Driver Coercion Rule Final rule Nov 30, Prohibits coercing driver to violate rules. - FMCSR, HMR or HHG Applies to: shippers, receivers, transportation intermediaries, company representatives, motor carriers. Rule does not require shippers, receivers, etc. to monitor HOS.

15 Driver Coercion Rule The act of coercion exists if: A Request - driver to perform a task that would result in the driver violating certain provisions of the FMCSRs, HMRs, or the FMCCRs; A Protest - the driver informs of the violation that would occur if the task is performed; and A Threat or action - against the driver s employment or work opportunities to get the driver to take the load despite the regulatory violation that would occur. Cannot commit coercion unless driver objects, puts them on notice.

16 Driver Coercion Rule The act of coercion exists if: A motor carrier, shipper, receiver, or transportation intermediary request a driver to perform a task that would result in the driver violating certain provisions of the FMCSRs, HMRs, or the FMCCRs; The driver informs the motor carrier, shipper, receiver, or transportation intermediary of the violation that would occur if the task is performed, such as driving over the hours of service limits or creating unsafe driving conditions; and The motor carrier shipper, receiver, or transportation intermediary make a threat or take action against the driver s employment or work opportunities to get the driver to take the load despite the regulatory violation that would occur.

17 Driver Coercion Rule Drivers can file complaint with FMCSA Time limit: 90 days FMCSA investigates complaint Makes determination on next course of action

18 Electronic Logging Device (ELD) Rule

19 ELD Final Rule December 16, 2015 Requires drivers to use ELD to record duty status Limited exceptions 100 air-mile radius drivers (and 150 air-mile radius non-cdl drivers) Infrequent use of a logbook (8 of 30 days) Drive away tow-away operation Vehicles made prior to model year 2000 (No ECM) Effective 2 years after final rule

20 ELD Transition Dec 16, 2015 Dec 18, 2017 Dec 16, 2019 ELD ELD Required AOBRD Allowed Not Allowed Paper Logbook Not allowed Not Allowed Computer, Tablets, Phones Not allowed Not Allowed.

21 ELDs Technical Specifications Integrally connected - must be tied into the engine ECM Auto location/tracking starting, 60 min, duty status change. Auto driving when CMV in motion, can t edit. Auto date, time, location when manual entries made. Certified by mfg, registered with FMCSA. Must print or display data outside of CMV Data transfer: Telematics wireless web or USB or Bluetooth

22 ELD Monitoring Unassigned Miles - audit and accurately assign miles, determine why and fix going forward Off duty period skips - solo driver logging off duty in Boise, ID, and returns to duty in Lansing, MI Drivers using multiple login IDs virtual ghost driver. Driver tampering: examine diagnostics reports for system disconnects. Personal Conveyance- abuse of the PC provision. Modifications after the fact- dispatchers given edit rights, changing on-duty not driving to off duty

23 Random Drug Testing Rate

24 Random Drug Testing Rate Change Random controlled substance testing rate: 25% for 2016 Positive Rates for 2011, 2012, 2013 <1% This can be changed back if necessary Alcohol testing rate remains at 10%

25 National Clearinghouse

26 National Clearinghouse Positive Drivers National Clearinghouse Still in the proposed rule phase Stay posted for pending information

27 Updated Medical Examination Forms

28 Updated Medical Examination Forms Updated medical exam form delayed for 120 days Examiners can use old form until April 20, FMCSA retooled the driver health history portion of the medical history form to include a number of new questions and expanded the medical history criteria. The new medical form now has 32 health conditions listed under the medical history portion of the rule. Of those conditions, 13 are new to the form. The new form also modified the duration of the medical history from five years to lifetime.

29 Questions Patrick Muinch