Final rule to amend trucker HOS regulations sent to OMB for review
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
nsc.org Vol. 20 • No. 4 • April 2020
Final rule to amend trucker HOS
regulations sent to OMB for review
A
final rule the Federal Motor Carrier Safety Admin- • Extending the current 14-hour on-duty limitation by up to
istration claims would add flexibility to hours-of- two hours when a truck driver encounters adverse driv-
service regulations for commercial truck drivers was ing conditions.
sent March 2 to the White House Office of Management and • Revising the current mandatory 30-minute break for truck
Budget for review. drivers after eight hours of continuous driving.
Addressing attendees of the Truckload Carriers Associa-
tion Conference the next day in Kissimmee, FL, acting agency The Owner-Operator Independent Drivers Association
administrator Jim Mullen said that although he could not go and TruckerNation.org, both longtime proponents of HOS
into the rule’s specifics, “please know that the goal of this pro- reform, support the changes. “We applaud the agency for
cess from the beginning has been to improve safety for all submitting the final rule to OMB so quickly,” OOIDA Pres-
motorists and to increase flexibility for commercial drivers.” ident and CEO Todd Spencer said in an article published
March 3 in the association’s Land Line magazine. “As FMCSA
continues to move forward with hours-of-service reform,
we are optimistic the final product will create meaningful
reform that provides drivers with more flexibility and con-
trol over their schedules.”
In a March 3 Facebook video, TruckerNation.org spokes-
person Andrea Marks says, “It cannot be overstated enough
how proud we are of the trucking industry that we are here.”
Commercial Vehicle Safety Alliance Executive Director
Collin Mooney told Safety+Health magazine that his organiza-
tion expects the final rule to be published in May or June. “If
On the heels of multiple delays, FMCSA published a pro- it’s done right, it could be a win-win,” Mooney said. “If there’s
posed rule in the Aug. 22 Federal Register and set an initial too much flexibility, well then, safety can be compromised.”
Photo: WendellandCarolyn/iStockphoto
comment deadline of Oct. 7. The comment period later was One concern Mooney cited was the possible effects on
extended to Oct. 21. driving time in the event the adverse driving conditions and
FMCSA weighed nearly 8,200 comments on the proposed mandatory rest break provisions were compounded. “Seven-
rule. Among the highlights of the proposal: teen, 18, 19 hours is just going to be way too long for anybody,
• Expanding the current 100-air mile short haul exemption so we wanted to see that tightened up a little bit,” he said.
to 14 hours on duty from 12 hours on duty, to be consistent OMB listed the status of the rule as pending review at
for rules with long-haul truck drivers. press time.
Traffic Safety • April 2020
NEWS BRIEFS
a THC concentration of 0.3% or less
are no longer considered controlled
substances.
In response to inquiries about
whether safety-sensitive employees (e.g.,
pilots, school bus drivers, truck drivers,
transit vehicle operators, aircraft main-
tenance personnel, train engineers and
ship captains) can use CBD products,
DOT notes that although it requires test-
ing for marijuana and not CBD, many
CBD products have misleading labels.
FMCSA final rule delays and procedures to receive entry-level “The products could contain higher
compliance date for CMV driver driver training data. levels of THC than what the product
minimum training requirements FMCSA in July initially proposed label states,” the notice states. “The Food
Washington — The Federal Motor Car- to delay two provisions of the final and Drug Administration does not cur-
rier Safety Administration is delay- rule. However, 40 of the 56 comments rently certify the levels of THC in CBD
ing by two years the compliance date received on the proposed rule advo- products, so there is no federal oversight
of its final rule on minimum training cated a full delay. to ensure that the labels are accurate.”
requirements for entry-level commer- Petitions to reconsider the delay Employees who claim to use only
cial motor vehicle drivers. were due March 5 at press time, and CBD products can test positive for
According to an interim final rule comments on the interim final rule marijuana and run afoul of DOT’s
published in the Feb. 4 Federal Regis- were to be submitted by March 20. drug-testing regulations.
ter, the new compliance date is Feb. 7, “[Because] the use of CBD prod-
2022. DOT weighs in on CBD products: ucts could lead to a positive drug test
The final rule, which was initially Workers in safety-sensitive jobs result, [DOT]-regulated safety-sensitive
published in December 2016 and set should be cautious employees should exercise caution
to go into effect Feb. 7 this year, was Washington — CBD products may have when considering whether to use CBD
the first to establish minimum train- higher levels of tetrahydrocannabinol, products,” the notice states.
ing standards for first-time applicants or THC – the main psychoactive ingre-
for Class A or B commercial drivers’ dient in marijuana – than the Depart-
licenses or those seeking a CDL upgr- ment of Transportation allows in a
ade to Class A or B. It also set standards non-controlled substance, the agency
for drivers attempting to obtain hazard- cautions in a Feb. 18 policy and compli-
ous materials, passenger or school bus ance notice, adding that CBD use is not
bottom photo: StephM2506/iStockphoto
endorsements for the first time. a “legitimate medical explanation” for
According to the interim rule, the a safety-sensitive employee who tests
Top photo: vitpho/iStockphoto;
extension will give FMCSA extra time positive for marijuana.
to develop its Training Provider Regis- The Agricultural Improvement Act
try – a list of certified training provid- of 2018 – also known as the Farm Bill
ers. Delaying the compliance date also – altered the definition of “marijuana”
gives state driver licensing agencies under the Controlled Substances Act
time to modify their computer systems of 1970. Hemp-derived products with
2
Traffic Safety • April 2020
STATE MOTOR VEHICLE DEATHS, CHANGES AND RATES
UNITED STATES, 12 MONTHS, 2017-2019
STATISTICS NO. OF
Deaths Identical Periods Percent Changes
2018
TO
2017
TO
State
December traffic deaths
MONTHS 2019 2018 2017 2019 2019
TOTAL U.S. 12 38,800 39,404 40,231 -2% -4%
up in 2019 Alabama
Alaska
12
12
883
67
948
80
914
77
-7%
-16%
-3%
-13%
Arizona 12 963 1,013 970 -5% -1%
By Kevin T. Fearn Arkansas 12 506 489 491 3% 3%
California 12 3,540 3,651 3,564 -3% -1%
M
otor vehicle-related deaths Colorado 12 596 624 630 -4% -5%
Connecticut 12 254 297 284 -14% -11%
in December totaled 3,210 – Delaware 12 133 111 119 20% 12%
an increase of 1% from the District of Columbia 12 27 34 30 -21% -10%
December 2018 total. Florida 12 3,352 3,325 3,087 1% 9%
Medically consulted motor vehicle- Georgia 12 1,462 1,497 1,528 -2% -4%
Hawaii 12 108 117 107 -8% 1%
related injuries in 2019 are estimated to Idaho 12 224 233 242 -4% -7%
be more than 4.4 million – a decrease of Illinois 12 989 1,048 1,080 -6% -8%
2% from 2018. Indiana 12 803 859 910 -7% -12%
Iowa 12 336 319 331 5% 2%
The cost of motor vehicle colli-
Kansas 12 410 404 462 1% -11%
sions through December is estimated Kentucky 12 733 721 775 2% -5%
to be $400.4 billion. The costs include Louisiana 12 722 777 792 -7% -9%
wage and productivity losses, medi- Maine 12 172 127 171 35% 1%
Maryland 12 509 487 525 5% -3%
cal expenses, administrative expenses,
Massachusetts 12 337 357 360 -6% -6%
employer costs, and vehicle damage. Michigan 12 973 962 1,041 1% -7%
The estimated annual population Minnesota 12 364 382 358 -5% 2%
death rate for 2019 is 11.8 deaths per Mississippi 12 616 633 685 -3% -10%
Missouri 12 876 917 932 -4% -6%
100,000 population – down 2% from Montana 12 184 182 186 1% -1%
the 2018 rate. The estimated annual Nebraska 12 249 230 226 8% 10%
mileage death rate is 1.2 deaths per 100 Nevada 12 284 331 305 -14% -7%
million vehicle miles traveled, stable New Hampshire 12 102 146 102 -30% 0%
New Jersey 12 564 565 638 -*% -12%
from the revised 2018 rate. New Mexico 12 407 387 375 5% 9%
New York 12 873 873 928 0% -6%
Notes to table North Carolina 12 1,484 1,457 1,404 2% 6%
Deaths are reported by state traffic North Dakota 12 98 104 113 -6% -13%
Ohio 12 1,159 1,071 1,179 8% -2%
authorities. All figures are prelimi- Oklahoma 12 607 627 646 -3% -6%
nary. To ensure proper comparisons, Oregon 12 489 468 436 4% 12%
2017 and 2018 figures cover the same Pennsylvania 12 1,107 1,244 1,141 -11% -3%
reporting period as those for 2019. The Rhode Island 12 58 59 84 -2% -31%
South Carolina 12 985 1,034 983 -5% *%
total for 2017 is from the National Cen- South Dakota 12 102 129 132 -21% -23%
ter for Health Statistics. Tennessee 12 1,148 1,047 1,040 10% 10%
States shown in color had fewer Texas 12 3,586 3,597 3,721 -*% -4%
Utah 12 245 264 272 -7% -10%
deaths in 2019 than they did in 2018 for
Vermont 12 47 68 68 -31% -31%
the same reporting period. Virginia 12 821 817 839 *% -2%
Washington 12 516 541 554 -5% -7%
West Virginia 12 259 295 303 -12% -15%
Wisconsin 12 549 577 603 -5% -9%
Wyoming 12 147 111 123 32% 20%
*Change less than 0.5%
3Vol. 20 • No. 4 • April 2020
In This Issue
OVER STORY: Final rule to amend
• C
trucker HOS regulations sent to OMB
for review
• NEWS BRIEFS
• STATISTICS
• DRIVING TIP: Medications and driving:
‘Prescription for disaster’
Board of Directors
Andrew O. Johnson, Chairman
Elaine Beitler, Vice Chairman
Delegates
Elaine Beitler, Chair of Delegates
President and CEO
DRIVING TIP
Lorraine M. Martin
Medications and driving:
COO
Nicholas Smith
Chief Marketing Officer
Tom Bell
‘Prescription for disaster’
Publisher
Deborah Meyer, deborah.meyer@nsc.org
Editor
Melissa J. Ruminski, melissa.ruminski@nsc.org
T
Managing Editor
Jennifer Yario, jennifer.yario@nsc.org he most important safety fea-
Copy Editor ture of a commercial motor
Paul Wleklinski, paul.wleklinski@nsc.org
vehicle is “YOU – the driver,”
Assistant Editor
Tracy Haas-Depa, tracy.haas-depa@nsc.org the Federal Motor Carrier Safety
Associate Editors Administration says.
Barry Bottino, barry.bottino@nsc.org
Kevin Druley, kevin.druley@nsc.org
Taking prescription or over-the-
Alan Ferguson, alan.ferguson@nsc.org counter medications, however, can
Senior Graphic Designer
Michael Sharkey
adversely affect your ability to drive Don’t share medications
safely. So, understanding how medi- “Sharing medications, even OTC medi-
Online Content Manager
Amy Bellinger cations can impair you is vital to the cations like aspirin, can be a prescrip-
Production Coordinator safety of you and others on the road. tion for disaster,” FMCSA says.
Joy Tan-Pipilas
Here’s why:
Medication interactions
Subscriptions/Circulation
subscriptions@nsc.org Side effects and drug interactions:
Interactions can occur when taking two Medication prescribed for you may
Traffic Safety (ISSN 0041-0721) is published monthly by the
National Safety Council, 1121 Spring Lake Drive, Itasca, IL or more medications at a time or on cause serious problems for others with
60143, and is printed in the United States. © 2020 by the
National Safety Council.
the same day. To help you understand adverse side effects such as severe aller-
Information contained in this publication is compiled from potential interactions, FMCSA says to: gic reactions and unhealthy interactions
Read labels. Some medication labels with another prescription medication.
sources believed to be reliable. The National Safety Coun-
cil makes no guarantee as to, and assumes no responsi-
bility for, the correctness, sufficiency or completeness of
such information. Additional measures may be required have warnings. These labels may note Unsafe: Medications, particularly those
under particular circumstances. Information in this publi-
foods to avoid while taking the medi- that have a narcotic component, may be
Photo: mphillips007/iStockphoto
cation may not be reproduced without permission from the
publisher.
cation, or may have instructions that habit-forming and may pose a severe
say not to take the medication in com- risk to safe driving. Side effects such as
For single and bulk subscription prices, as well as mailing
inquiries and address changes, contact NSC Customer
bination with other medications. drowsiness, dizziness and confusion
Service at (800) 621-7619.
Speak with your doctor. In some cases, have a direct impact on the focus, con-
recommendations from your physician centration and stamina needed for driv-
can help manage your interactions. ing safely.
4You can also read
