Fleet Management

DOT Delays Speed-Limiter, Safety-Fitness Rules; ELD on Track

April 17, 2015

By David Cullen

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A final rule to mandate electronic logging devices is still slated to be published in September, while publication of a proposed rule to mandate speed limiters and one to establish a carrier safety-fitness determination system have each been delayed a month, according to the Department of Transportation’s April 17 rulemaking update.

DOT also advised that a final rule to forbid driver coercion and one to put in place a CDL drug and alcohol clearinghouse remain on track to be published as previously projected in September and December, respectively.

Listed here by order of rulemaking stage and projected timeframe are key FMCSA rules and their calendar status with a brief summary of each rule:

  • Prohibition of Coercion (RIN 2126-AB57). Final Rule to be published on September 10. Required by the MAP-21 Highway Bill, it will require that regulations governing commercial motor vehicle safety “ensure ... an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary’ to operate in violation of federal safety regs.
  • Electronic Logging Devices and Hours of Service Supporting Documents (RIN 2126-AB20). Final Rule to be published on September 30.  This rulemaking would establish: (1) minimum performance and design standards for hours-of-service electronic logging devices; (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status; (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs.
  • Commercial Driver's License Drug and Alcohol Clearinghouse (RIN 2126-AB18). Final Rule to be published on December 14. Also mandated by MAP-21, it will create a central database for verified positive controlled substances and alcohol test results for commercial driver´s license holders and refusals by such drivers to submit to testing. It will require employers of CDL holders to report positive test results and refusals to test into the Clearinghouse. Prospective employers, acting on an application for a CDL driver position with the applicant´s written consent to access the Clearinghouse, would query the Clearinghouse to determine if any specific information about the driver applicant is in the Clearinghouse before allowing the applicant to be hired and to drive CMVs.
  • Heavy Vehicle Speed Limiters (RIN 2126-AB63). NPRM is to now be published on July 27. This joint FMCSA/NHTSA rule would require the installation of speed-limiting devices on heavy trucks. Per DOT, this would “decrease the estimated 1,115 fatal crashes annually involving vehicles with a GVWR of over 26,000 pounds on roads with posted speed limits of 55 mph or above.”
  • Carrier Safety Fitness Determination (RIN 2126-AB11). NPRM is to now be published on August 17. This rule would “adopt revised methodologies that would result in a safety fitness determination (SFD)” that would indicate when a motor carrier is “not fit to operate commercial motor vehicles” based on (1) the carrier's performance in relation to five of FMCSA’s Behavioral Analysis and Safety Improvement Categories (BASICs); (2) an investigation; or (3) a combination of on-road safety data and investigation information.

In addition, NHTSA’s Electronic Stability Control Systems for Heavy Vehicles (RIN 2127-AK97) is to be published as a Final Rule on May 7. This will require vehicle manufacturers to include electronic stability-control systems “that address both rollover and loss of control crashes” on new truck tractors and motor coaches, beginning with model year 2017.

Comments

  1. 1. steve [ April 19, 2015 @ 05:43AM ]

    The gov. need to set pay rates and overtime after 10 hours per day. One company in On. is paying $24.00 per hour to star with raise of $.50 after 6 months and another $.25 after another 6 months( and so on) to top out at $26.00 per hour plus over time after 8 hour per day and home one day per week ,or $100.00 paid for the one day missed from home.They have all their trucks full and over 300 drivers ap.(s) on file. They have less than 10% turn over. The ATA. need to pass a $20us min. wage. for their members and foreign drivers on US. soil.

  2. 2. Angie [ April 20, 2015 @ 07:21AM ]

    I find it ridiculous that Commercial Driver's License Drug and Alcohol Clearinghouse (RIN 2126-AB18) is 3rd on the list. This needs to be moved to #1.

  3. 3. michhael reed [ April 20, 2015 @ 03:27PM ]

    this speed limiter rule is nuts you ever see governed trucks trying too pass each other i tell you after 25 years of trucking i think i will get me a cargo van and go that route get out of the big trucks ata members only want all truckers too be as slow and late with deliveries as there trucks are and you know all ata members are heaviely involved with the railroads so this is also a move slow down the re

  4. 4. JL [ April 21, 2015 @ 02:26AM ]

    Speed limiters on trucks keeping them at slower speeds than the rest of traffic is one of the most dangerous rules they could have come up with. Now 4 wheelers will be killing themselves trying to pass slow moving trucks and running up on them and rear-ending them. Ever run up on somehody going 20 mile per hour slower than you are? It happens fast.

    Accidents are accidents- they are going to happen no matter how many rumes there are. 1,115 fatal crashes in the entire nation, given the number of trucks on the road and the amount of miles logged? They really think that more regulations will bring this number to zero? I guess they might be right b/c all the truckers are getting out.

  5. 5. JL [ April 21, 2015 @ 02:27AM ]

    *rules

  6. 6. Jean [ June 29, 2015 @ 08:09AM ]

    I get so tired of reading this garbage. Bottom line it's all about the money. If you really think that they care about accidents or fatalities then I feel so sorry for you. I agree with JL, accidents are just that and will happen no matter what law, rule, or device is used. They don't want to address the real problems with the industry, because it would tread on too many toes. Quite frankly, they are going to do what they want and in the end I'm sure freight will move one way or another. However if for some strange reason it comes to the point that it doesn't, then I don't want to hear anyone crying about it. I say let instead of saying out of hours, lets just say "Out of Stock" - Go get your own.

  7. 7. Dan Peer [ September 16, 2015 @ 01:02PM ]

    The whole control of the commercial vehicle industry has gone completely out of control..Where does the data come from? Eld and the hours of service is what is to blame now for the increase In truck accidents along with aggressive driving of as many personal vehicles as trucks..this week alone, I have seen 2 truck roll overs and one truck into a car..In all three accidents the trucks involved all had elds. We aren't robots nor are we children..Telling us when it's time to go to bed doesn't me we rest and or sleep..it's a proven fact that the body will sleep when your tired and not before..What if my body desides that during my break that I'm not tire nor am I going to sleep but on the 12th hour when it's time to go back to work, the computer says I'm safe and I'm good to go but my body say nope time to go to sleep. Now with the how I can't nap bc now anytime I the bunk now goes against me therefore the government has forced me to in a position to drive tired..makes all the sense to me to increase accident and receive higher state grants..not safety....REVENUE

  8. 8. BILL [ August 29, 2016 @ 09:10AM ]

    WHY DO YOU KEEP PUTTING OFF THE SPEED LIMITER, WHY DON'T YOU LET DRIVERS HAVE SPLIT REST, WHY DON'T YOU USE COMMON SENCE, THE DRIVER IS THE BEST JUDGE OF HIS REST NOT SOME POLITICAN OR BEUACRAT.

 

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