Showing posts from tagged with: fmcsa news

FMCSA Grants Exemption to 30-Minute Rule for Truckers Hauling Fuel

Posted December 27, 2018 by Administrator

The Federal Motor Carrier Safety Administration’s (FMCSA’s) hours of service (HOS) regulations dictate that if drivers can’t complete their duty within twelve hours under the 100 air-mile radius exemption that they have to take a 30-minute rest break. However, this rest break poses problems for carriers transporting hazardous materials. They can’t leave the cargo unsupervised, and attending the CMV doesn’t qualify as resting. The parking shortage also prevents drivers from finding a safe and secure area to park trucks toting hazardous material.

To address these challenges, FMCSA offered exemptions to the rule for carriers transporting specified fuels. However, propane didn’t make the initial list. This put drivers transporting petroleum-based cargo in a difficult situation. While most of them load their vehicles in the morning with the intent to finish several deliveries by the end of the day, outside circumstances can prevent this from happening.

These drivers operate commercial motor vehicles (CMVs) on interstate highways so traffic and accidents can impede their deliveries. Since they can’t leave their hazardous cargo to rest but they also can’t push beyond the 12-hour regulation, the National Propane Gas Association (NPGA) petitioned FMCSA for an amendment. The transportation agency granted the request, which will remain in effect through April 10, 2023.

Complying with FMCSA regulations is critical to remain in operation as a trucking company, but these rulings can create challenges for fleets. In this instance, the need to transport hazardous cargo safely took precedence and FMCSA issued an amendment. Cline Wood understands the risks involved with transporting hazardous materials. We can help your trucking company assess its risks and implement solutions to address them: get in touch at safetrucking@clinewood.com.

This document is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. Marsh & McLennan Agency LLC shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning actuarial, tax, accounting or legal matters are based solely on our experience as consultants and are not to be relied upon as actuarial, accounting, tax or legal advice, for which you should consult your own professional advisors. Any modeling analytics or projections are subject to inherent uncertainty and the analysis could be materially affective if any underlying assumptions, conditions, information or factors are inaccurate or incomplete or should change.

Medical Certification Submission Requirements Postponed Due to Cyber Attack on FMCSA Registry

Posted May 4, 2018 by Administrator

The Federal Motor Carrier Safety Administration (FMCSA) has announced changes to the CDL Medical Certification reporting submission requirements, due in part to technical issues on the National Registry of Certified Medical Examiners registry website.

The FMCSA Medical Program requirements are designed to ensure commercial motor carriers are physically qualified to engage in interstate commerce. Drivers are required to obtain a medical exam from a certified medical examiner that is listed in the National Registry. In a new rule that is expected to roll out June 2, 2018, medical examiners are required to submit driver exam results by midnight the following day. However, due to the technical glitch in the current system, examiners are being told to hold on to the exam results from completed physical and then upload them when the system is back online.

The agency is postponing requirements that medical information on drivers and their exam results be submitted to state agencies for three additional years. The postponement is due in part to the technical issues that resulted from unauthorized access to the system, triggering the National Registry website outage. An incident in early December 2017 caused the National Registry to be taken offline, leading to interruptions in the development of the electronic transmission process.

Delaying compliance on the submission of the records until June 22, 2021 will give the agency adequate time to make the necessary programming changes.

Drivers are still required to self-report their certification status to their state agencies, a requirement that has been in effect since January 30, 2012. Certified medical examiners are encouraged to continue to conduct DOT physicals and issue medical examination certifications. Examiners are required to pass certain tests and become listed in the registry.

FMCSA has confirmed that no personal information was exposed in the December 2017 cyber attack. The registry has been down since December and continues to remain down. A simple search by zip code is accessible, but access to the full portal is still not functioning. The attempt to access data by the cyber criminals was not successful, and no information was compromised. Roadside inspectors are continuing to check drivers’ medical certificates, but there is a backlog of exam results being uploaded into the system due to the site still being offline.

This document is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. Marsh & McLennan Agency LLC shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning actuarial, tax, accounting or legal matters are based solely on our experience as consultants and are not to be relied upon as actuarial, accounting, tax or legal advice, for which you should consult your own professional advisors. Any modeling analytics or projections are subject to inherent uncertainty and the analysis could be materially affective if any underlying assumptions, conditions, information or factors are inaccurate or incomplete or should change.

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