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Cargo Theft Increase!!
CLEVELAND, OH – FLORIDA AREA – DENVER, CO ……
Three-Month Waiver in Response to the Economic Consequences of the
COVID-19 Public Health Emergency –
To Relieve Employers of Commercial Motor Vehicle Drivers Subject to 49 CFR Part 382 from Certain Pre-Employment Testing Requirements
June 5, 2020
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Grant of waiver.
SUMMARY: FMCSA grants a three-month waiver from certain pre-employment testing requirements applicable to employers of drivers subject to 49 CFR part 382. This action responds to the President’s Executive Order No. 13924, Regulatory Relief to Support Economic Recovery, issued on May 19, 2020, related to the economic consequences of the Coronavirus Disease 2019 (COVID-19) public health emergency.
DATES: This waiver is effective June 5, 2020, and ends on September 30, 2020.
FOR FURTHER INFORMATION CONTACT: Mr. David J. Yessen, Chief of the Compliance Division, Office of Enforcement and Compliance, 202-366-1812, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Legal Basis
The Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107, June 9, 1998) provides the Secretary of Transportation (the Secretary) authority to grant waivers from any of the Federal Motor Carrier Safety Regulations issued under Chapter 313 of Title 49 of the United States Code or 49 U.S.C. § 31136, to a person(s) seeking regulatory relief (49 U.S.C. §§ 31136(e), 31315(a)). The Secretary must make a determination that the waiver is in the public interest and that it is likely to achieve a level of safety equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver. Individual waivers may be granted for a specific unique event for a period up to three months. TEA-21 authorizes the Secretary to grant waivers without requesting public comment, and without providing public notice.
The Administrator of FMCSA has been delegated authority under 49 CFR 1.87(e) and (f) to carry out the functions vested in the Secretary by 49 U.S.C. chapter 313, relating to commercial motor vehicle operators, and 49 U.S.C. chapter 311, subchapter I and III, relating to commercial motor vehicle programs and safety regulations. reed more
Coming hours of service reforms skip 14-hour pause, include 7/3 off-duty split and 30-minute break changes
A federal rule to overhaul hours of service limits on truck drivers’ schedules will soon be published in the Federal Register, the U.S. DOT’s Federal Motor Carrier Safety Administration announced Thursday. Of note, the rule expands split-sleeper berth options afforded to drivers to allow them to split their 10-hour off-duty period into windows of seven hours and three hours, in addition to the existing eight-hour, two-hour option, with a significant addition — the shorter period in any split off-duty period will in fact pause the rolling on-duty clock.
The coming reforms also overhaul provisions around the 30-minute break requirement, allowing drivers to use the break in an on-duty, not-driving status and requiring it within their first eight hours of drive time, rather than their first eight hours on-duty.
FMCSA says the rule should be published in the Federal Register in the coming week, and the changes will become effective 120 days after its publication. So if the rule is published next week, drivers could begin operating under the new HOS regs in late September. These are the first changes to hours regs implemented by FMCSA since 2013, though several provisions within that rule (such as the limits to the use of a 34-hour restart) were ultimately reversed by Congress.
The coming overhaul will not change the daily 14-hour on-duty limit or the 11-hour drive-time limit. However, the rule will expand the adverse driving conditions provision by allowing drivers to extend both their drive-time limit and their on-duty window by two hours if they encounter adverse conditions such as weather or traffic congestion. The agency says the provision will allow drivers to either sit and wait out the conditions or to drive slowly through them.
Unlike the hours proposal FMCSA issued last August, the final hours reforms do not include the option for drivers to pause their 14-hour clock for up to three hours while off-duty to extend the 14-hour clock. FMCSA Acting Administrator Jim Mullen said the agency deemed the seven-hour, three-hour split “sufficiently flexible” to that end, given with the new change the shorter period in any sleeper split will in fact stop the rolling duty clock, unlike the current split-sleeper rules.
Also, he said, concerns expressed in the public comment period last fall gave the agency pause in proceeding with the three-hour provision alone as proposed.
Lastly, the changes expand the exemptions for short-haul drivers by xtending the allowed on-duty period for short-haul drivers from 12 hours to 14 hours, and extending the short-haul radius from 100 air miles to 150 air miles. Drivers under the short-haul exemption aren’t required to keep records of duty status.
Mullen announced the changes in a media call Thursday morning and was joined by U.S. Transportation Secretary Elaine Chao.