The Future of Trucking - Legislation and Regulations in 2012

Posted on February 16, 2012 by Morgan Adams

I have been working on a number of cases recently that have been very time consuming and have not been able to update this blog as much as I would like. My clients come first so no apologies, but I hope you find this update to be useful. This is my best guess as to what will impact safety in the trucking industry in 2012 and beyond:

  1. Medical Certificates will be integrated with the CDL license. The regulation requiring this went into effect Jan 30, 2012 - unfortunately 35 states are not ready to integrate this information with the CDL. This should gradually expand as states come into compliance.
  2. Hours of Service (HOS) - Probably more litigation on HOS rules. The American Transportation Association (ATA) Recently filed suit in the DC circuit. Don't expect any final rule changes in this critical area for a long time.
  3. National Registry of Certified DOT Medical Examiners - Final Rule is before the OMB. ME's will be required to undergo training and be placed on a registry. Drivers will be required to use a certified doc for the DOT exam. This will likely be in place in 2013, with a rule out by summer.
  4. Entry Level Driver Training - Expected rule this summer requiring more training for new CDL drivers.
  5. EOBR's - The 7th Circuit recently vacated the rule requiring EOBR's for bad companies. The new rule being proposed will require EOBRs on all trucks. I expect something this year. 
  6. Electronic Stability Control (SC) on Trucks -  The Industry is behind requiring these devices, long in cars. They have figured out the savings from ESC are far greater than the cost of putting them in the truck. These have been available since 2004 for heavy trucks, a mandate is likely to issued by the summer.
  7. Speed Governor's - Expect a rule this spring or summer. Probably limiting trucks to 68MPH.
  8. Event Data Recorder (EDR) - This is coming. Cars have EDR's in 2012. This will standardize the data recorded after a wreck and how long (seconds saved before after the wreck).
  9. CSA - Tweaks will change the CSA safety program, likely making the program even more accurate in predicting the companies and drivers likely to be involved in future wrecks. 
  10. Sleep Apnea - Formal guidance by the FMCSA expected by the summer. This is a continuing issue in the trucking industry. Please see my prior blogs on this issue.

 

 

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Heavy Truck Bill Defeated - For Now...

Posted on February 3, 2012 by Morgan Adams

I have previously blogged on the danger of large trucks on the roads, (Bigger Trucks are Bigger Problems, Heavy Trucks Take Toll on Bridges and Highways, and Overloaded Trucks Kill)  so I am extremely happy to tell you that the Truck Safety Coalition reported today that:

 

Yesterday the House Transportation and Infrastructure Committee marked up its major surface transportation bill, HR 7, the American Energy and Infrastructure Jobs Act.  The bill contains numerous anti-safety provisions.  One of them would have allowed a "state option" to permit 97,000 lb. trucks and triple-trailer trucks to operate on most roads in many states across the nation.  However, Congressman Lou Barletta (R-PA) and Congressman Jerry Costello (D-IL) introduced and championed an amendment that removed these provisions and replaced them with a responsible study on the impacts of truck sizes and weights.

 

The TSC commends Congressmen Barletta and Costello for their leadership and also lauds the "aye" votes of Representatives Rahall (D-WV), Altmire (D-PA), Bishop (D-NY), Boswell (D-IA), Brown (D-FL), Bucshon (R-IN), Capuano (D-MA), Carnahan (D-MO), Cohen (D-TN), Cummings (D-MD), Denham (R-CA), Duncan (R-TN), Edwards (D-MD), Farenthold (R-TX), Graves (R-MO), Harris (R-MD), Hirono (D-HI), Holden (D-PA), Hultgren (R-IL), Johnson (R-IL), Johnson (D-TX), Larsen (D-WA), Lipinski (D-IL), Meehan (R-PA), Miller (R-CA), Miller (R-MI), Nadler (D-NY), Napolitano (D-CA), Norton (D-DC), Richardson (D-CA), and Shuler (D-NC).

 

THANK YOU for all of your calls and emails to express the voice of safety.  They made a tremendous difference on yesterday's proceedings.

  

 

In other great safety news yesterday, Department of Transportation Secretary LaHood demonstrated tremendous pro-safety leadership in condemning H.R. 7 as "the most anti-safety bill" he has ever seen. http://www.politico.com/news/stories/0212/72369.html

 

 

The TSC could not agree more with the Secretary and we look forward to working together with you and all these leaders in the Administration and Congress to rid H.R. 7 of other anti-safety provisions and move forward with S. 1950, the "Commercial Motor Vehicle Safety Enhancement Act". For more information on the safety provisions in S.1950 and other safety initiatives, please visit www.trucksafety.org .

 

 

If you would like to thank the Representatives above for voting for the amendment or express your disappointment to the Representatives below for voting against it, you can get their numbers at www.house.gov. 

 

The following Representatives voted against the amendment:

Chairman Mica (R-FL); Representatives Capito (R-WV), Coble (R-NC), Cravaack (R-MN), Crawford (R-AR), Fleischmann (R-TN), Gibbs (R- OH), Guinta (R-NH), Hanna (R-NY), Herrera Beutler (R-WA), Hunter (R-CA), Lankford (R-OK), LoBiondo (R-NJ), Long (R-MO), Michaud (D-ME), Petri (R-WI), Ribble (R-WI), Schmidt (R-OH), Shuster (R-PA), Southerland (R-FL), Walz (D-MN), and Young (R-AK).

 

 

 

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