News

Brooklyn Center, Minnesota – With America’s biggest game of the year headed to U.S. Bank Stadium in Minneapolis, Minnesota this weekend, millions of Americans are already planning their gameday parties. While planning the menu, have you thought about how all those classic football foods get to your table? The answer is simple: trucks.

To illustrate just how big of an impact the trucking industry has on the big game, the Minnesota Trucking Association and American Trucking Associations created an infographic to show the role trucking will play in delivering perhaps one of most important parts of the game… the snacks. On February 4, Americans will consume over 100 truckloads of popcorn, 350 truckloads of potato chips, 668 truckloads of avocados, 1,562 truckloads of chicken wings, and over 36,166 truckloads of beer. That’s a lot of food!

EXTENSION OF REGIONAL DECLARATION OF EMERGENCY UNDER 49 CFR § 390.25 

ALABAMA, ARKANSAS, CONNECTICUT, DELAWARE, FLORIDA, GEORGIA, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCKY, LOUISIANA, MARYLAND, MASSACHUSETTS, MAINE, MICHIGAN, MINNESOTA, MISSISSIPPI, MISSOURI, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, NORTH DAKOTA, OHIO, OKLAHOMA, PENNSYLVANIA, RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, TEXAS, VERMONT, VIRGINIA, WASHINGTON, D.C., WEST VIRGINIA AND WISCONSIN

The Regional Field Administrators for the Federal Motor Carrier Safety Administration's (FMCSA) Eastern Service Center, Southern Service Center, Midwestern Service Center and Western Service Center hereby declare that an emergency exists that warrants extension of the Regional Declaration of Emergency issued on December 30, 2017, and continuing the exemption granted in accordance with 49 CFR § 390.23(a)(l) from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted herein. Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York.

North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, D.C., West Virginia and Wisconsin.

On December 30, 2017, as a result of the effects of severe winter weather, including Winter Storms Frankie and Grayson, FMCSA issued a Regional Declaration of Emergency for the Affected States and jurisdictions. The Emergency Declaration was extended on January 10, 2018. Because emergency conditions have not abated, FMCSA is again extending the Emergency Declaration and associated regulatory relief in accordance with 49 CFR § 390.25. This extension of the Regional Declaration of Emergency addresses ongoing emergency conditions creating a need for immediate transportation of heating fuel, including propane, natural gas, and heating oil, into and from the Affected States and jurisdictions and provides necessary relief.

By execution of this extension of the Emergency Declaration, motor carriers and drivers providing direct assistance supporting emergency relief efforts transporting heating fuel, including propane, natural gas and heating oil, into and from the Affected States and jurisdictions are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations except as restricted herein.

Nothing contained in this extension of the Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), hazardous materials regulations (49 CFR Parts 100 through 180), applicable size and weight requirements, or any other portion of the regulations not specifically authorized pursuant to 49 CFR § 390.23.

Emergency  Declaration  Restrictions & Limitations

By execution of this extension to the Emergency Declaration, motor carriers and drivers transporting heating fuel, including propane, natural gas, and heating oil, providing direct assistance to the emergency in Affected States and jurisdictions are not granted emergency relief from, and must continue to comply with, the following Federal Motor Carrier Safety Regulations (FMCSRs) and conditions:

 1.      49 CFR § 392.2 related to the operation of a commercial motor vehicle in accordance with State laws and regulations, including compliance with applicable speed limits and other traffic restrictions.

 2.      49 CFR § 392.3 related to operation of a commercial motor vehicle while a driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness; or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.

 3.      Motor carriers shall not require or allow fatigued drivers to operate a commercial motor vehicle. A driver who informs a carrier that he/she needs immediate rest shall be given at least ten consecutive hours before the driver is required to return to service.

4.      Drivers are required to comply with the portions of 49 CFR Part 395 related to the preparation, retention and accuracy of a driver's record of duty status (RODS). Drivers are directed to note "Emergency Declaration" in the remarks section of the RODS to identify that their operation is in direct assistance to the emergency relief.

5.      A motor carrier whose driver is involved in a crash while operating under this emergency declaration must report any recordable crash within 24 hours, by phone or in writing, to the FMCSA Division Office where the motor carrier is domiciled. The carrier must report the date, time, location, driver, vehicle identification, and brief description of the crash.

6.      Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA.

7.      Drivers for motor carriers operating under this declaration must have a copy of the declaration in their possession.

8.      Upon termination of direct assistance to the emergency relief effort, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399, except that a driver may return empty to the motor carrier's terminal or the driver's normal work reporting location under the terms of the declaration. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo not in direct furtherance of the emergency relief efforts. Upon return to the terminal or other location, such driver must be relieved of all duty and responsibilities.

 Upon termination of direct assistance to the emergency relief effort, no motor carrier shall require or permit any driver used by it to drive, nor shall any such  driver drive in interstate commerce until the driver has met the minimum hours off duty requirements of 49 CFR § 395.3 (property carriers), and§ 395.5 (passenger carriers).

In accordance with 49 CFR § 390.25, this extension to the Emergency Declaration is effective immediately and shall remain in effect for the duration of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), February 11, 2018, whichever is less.

On January 2, 2018, Orlinte Cruz, owner of Cruz and Sons Transportation, LLC, and UGMA Logistics, Inc., Dallas, Texas, pleaded guilty to honest services wire fraud in U.S. District Court, Dallas. The plea was the result of an information filed on November 16, 2017.

The information alleged Cruz and two Texas Department of Public Safety (DPS) troopers concealed material information concerning Level 1 commercial motor vehicle inspections of Cruz’ trucks. DPS performs Level 1 inspections to ensure commercial vehicles are safe for highway travel. The DPS inspection reports are then electronically transmitted to the Federal Motor Carrier Safety Administration (FMCSA) database so the trucks can receive Commercial Vehicle Safety Alliance decals. According to the information, between July 2014 and September 2015, Cruz paid a DPS trooper $4,000 to receive favorable Level 1 safety inspections, and the trooper electronically submitted 39 false truck inspections reports to the FMCSA database.

DOT-OIG conducted this investigation with assistance from the FBI, Texas DPS Texas Rangers Division, and the U.S. Attorney’s Office.

The U.S. Department of Transportation’s Bureau of Transportation Statistics (BTS) has released Port Performance Freight Statistics Program: Annual Report to Congress 2017. This report is the second edition of the annual report from the BTS Port Performance Freight Statistics Program established by the Fixing America’s Surface Transportation Act of 2015. The goal of the program is “to provide nationally consistent measures of performance” of the nation’s largest ports, and to report annually to Congress on port capacity and throughput. This annual report presents data and statistics on capacity and throughput at the top 25 ports by tonnage, 20-foot equivalent unit (TEU), and dry bulk tonnage; nationally consistent port performance metrics; and looks ahead at improving this statistics program. The report also includes detailed information on U.S. maritime ports and discussions of throughput and capacity measures to provide a more complete picture of port activity and to place the statistics in context. The complete report or individual sections may be downloaded directly from the BTS website. This publication can also be obtained by ordering online, by contacting BTS by phone at 202-366-DATA or by e-mail at answers@dot.gov . Media contact: Dave Smallen: 202-366-5568, david.smallen@dot.gov

FMCSA grants a limited 3-month waiver from the Federal hours-of-service (HOS) requirements for electronic logging devices (ELDs) to motor carriers and drivers operating property-carrying commercial motor vehicles (CMV s) that are rented 

for a period not exceeding 30 days. The Agency takes this action in response to a waiver request from the Truck Renting and Leasing Association, Inc. (TRALA). The Agency has determined that granting this waiver is in the public interest and will likely achieve a level of safety that is equivalent to the level that would be achieved absent the waiver, based on the terms and conditions imposed.

This waiver is effective January 19, 2018, through April 19, 2018.

View the Federal Register notice at https://www.gpo.gov/fdsys/pkg/FR-2018-01-19/pdf/2018-00843.pdf. 

 The IRS announced today that it has extended the 2018 due date for certain entities to provide 2017 health coverage information forms to individuals.
 
Insurers, self-insuring employers, other coverage providers, and applicable large employers now have until March 2, 2018, to provide Forms 1095-B or 1095-C to individuals, which is a 30-day extension from the original due date of Jan. 31.
 
Insurers, self-insuring employers, other coverage providers, and applicable large employers must furnish statements to employees or covered individuals regarding the health care coverage offered to them. Individuals may use this information to determine whether, for each month of the calendar year, they may claim the premium tax credit on their individual income tax returns.

This 30-day extension is automatic. Employers and providers don’t have to request it. The due dates for filing 2017 information returns with the IRS are not extended. For 2018, the due dates to file information returns with the IRS are:

• Feb. 28 for paper filers
• April 2 for electronic filers

Because of these extensions, individuals may not receive their Forms 1095-B or 1095-C by the time they are ready to file their 2017 individual income tax return. While information on these forms may assist in preparing a return, the forms are not required to file. Taxpayers can prepare and file their returns using other information about their health coverage. They do not have to wait for Forms 1095-B or 1095-C to file.

More information is contained in Notice 2018-06. Also visit www.irs.gov/aca for more.

FMCSA is proposing to revise the regulatory guidance concerning driving a commercial motor vehicle (CMV) for personal use while off-duty, referred to as “personal conveyance.” This provision is available to all CMV drivers required to record their hours of service (HOS) who are permitted by their employer to use the vehicle for personal use. The Agency requests public comments on the guidance and its economic impact.

Comments are due by January 18, 2018.

Current Regulatory Guidance

Question 26 under section 49 CFR 395.8 currently reads as follows:

Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?

Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home. A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a Commercial Motor Vehicle (CMV) to any location to obtain rest.

Proposed Change

FMCSA proposes to replace the above interpretation with the following revised Question 26 and seeks comments on this guidance. FMCSA also seeks public comments and information on other appropriate uses of a CMV while off-duty for personal conveyance, as well as the economic impacts of the proposal. FMCSA proposes to update the guidance for

§ 395.8 Driver's Record of Duty Status to read as follows:

Question 26: Under what circumstances may a driver operate a commercial motor vehicle (CMV) as a personal conveyance?

Guidance: A driver may record time operating a CMV for personal conveyance (i.e., for personal use or reasons) as off-duty only when the driver is relieved from work and all responsibility for performing work.

(a) Examples of appropriate uses of a CMV while off-duty for personal conveyance include, but are not limited to:

1. Time spent traveling from a driver's en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities and back to the lodging.

2. Commuting from the last location where on-duty activity occurred to the driver's permanent residence and back to that last on-duty location. This would include commuting between the driver's terminal and his or her residence, between trailer-drop lots and the driver's residence, and between work sites and his or her residence.

(b) Examples of uses of a CMV that would not qualify as personal conveyance include, but are not limited to, the following:

1. The movement of a CMV to enhance the operational readiness of a motor carrier. For example, moving the CMV closer to its next loading or unloading point or other motor carrier-scheduled destination, regardless of other factors.

2. After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver returns to the point of origin under the direction of the motor carrier in order to pick up another towed unit.

3. Continuation of a CMV trip in interstate commerce, even after the vehicle is unloaded. In this scenario, on-duty time does not end until the driver reaches a location designated or authorized by the carrier for parking or storage of the CMV, such as a permanent residence, authorized lodging, or home terminal.

4. Bobtailing or operating with an empty trailer to retrieve another load.

5. Repositioning a CMV and or trailer at the direction of the motor carrier.

The CMV may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the carrier at that time.

Comments

In addition to general comments concerning the guidance, the Agency is seeking information on the following:

1.     Which carriers or drivers would take advantage of the additional flexibilities proposed in this guidance?

2.     Are there particular segments of the industry that would take advantage of this change more than others?

3.     Are there some carriers or segments of the industry that would prohibit their drivers from driving laden vehicles for personal conveyance?

4.     For what reasons would a carrier prohibit drivers from driving a laden vehicle for personal conveyance?

5.     What benefits would the new flexibilities provide to carriers and drivers?

Read the full Federal Register notice at 

https://www.gpo.gov/fdsys/pkg/FR-2017-12-19/pdf/2017-27315.pdf.  

click the following link for Bulletin -

http://cvsa.org/wp-content/uploads/Inspection-Bulletin-2018-01-UCR-Agreement.pdf

 

This is a reminder that the U.S. Department of Transportation (DOT) drug testing program will soon require testing for four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone).  The change is effective January 1, 2018. 

What does this mean for the employees?

      Beginning January 1, 2018, in addition to the existing DOT drug testing panel (that includes marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates), you will also be tested for four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone).  Some common names for these semi-synthetic opioids include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, Exalgo®.

      If you test positive for any of the semi-synthetic opioid drugs, then as with any other drug test result that is confirmed by the laboratory, the Medical Review Officer (MRO) will conduct an interview with you to determine if there is a legitimate medical explanation for the result.  If you have a valid prescription, you should provide it to the MRO, who will determine if the prescription is valid.  If a legitimate medical explanation is established, the MRO will report the result to your employer as a ‘negative’.  If not, the MRO will report the result to your employer as ‘positive’. 

      As it has been the requirement in the past, when your employer receives a ‘positive’ drug test result, your employer is to immediately remove you from performing safety-sensitive functions and provide you with a list of qualified Substance Abuse Professionals (SAP) available in your area.  In order to return to performing safety-sensitive functions for any DOT-regulated employer, you must complete the return-to-duty process that will include an evaluation by a SAP, who will require education and/or treatment.  The SAP will determine if you successfully completed the prescribed education and/or treatment.  Before an employer could return you to safety-sensitive work, the employer must get a negative result on a directly observed return-to-duty drug test.  After you return to safety-sensitive work, you must be subject to directly observed follow-up testing for 12-60 months depending on the SAP’s recommendations.

Do I need to tell anyone about my prescribed medications?

      Your employer may have a policy that requires you to report your prescribed medications to them.  So check with your employer.  If your job function has DOT-regulated medical standards (truck/bus driver, airline pilot, mariner), the DOT agency regulation may require you to report your prescribed medications to those who approved your medical qualifications.

What should I tell my prescribing physician?

      If you are taking any prescription medications, consider this to be a reminder to have a conversation with your prescribing physician to discuss your safety-sensitive work.  Be proactive in ensuring that your prescribing physician knows what type of transportation-related safety-sensitive work you currently perform.  For example, don’t just provide a job title but describe your exact job function(s) or ask your employer for a detailed description of your job function that you can give to your prescribing physician.  This is important information for your prescribing physician to consider when deciding whether and what medication to prescribe for you.  It is important for you to know whether your medications could impact your ability to safely perform your transportation-related work.         

Will the MRO report my prescribed medication use/medical information to a third party?

     Historically, the DOT’s regulation required the MRO to report your medication use/medical information to a third party (e.g. your employer, health care provider responsible for your medical qualifications, etc.), if the MRO determines in his/her reasonable medical judgement that you may be medically unqualified according to DOT Agency regulations, or if your continued performance is likely to pose a significant safety risk.  The MRO may report this information even if the MRO verifies your drug test result as ‘negative’.

     As of January 1, 2018, prior to the MRO reporting your information to a third party you will have up to five days to have your prescribing physician contact the MRO.  You are responsible for facilitating the contact between the MRO and your prescribing physician.  Your prescribing physician should be willing to state to the MRO that you can safely perform your safety-sensitive functions while taking the medication(s), or consider changing your medication to one that does not make you medically unqualified or does not pose a significant safety risk.

NOTE:   This document informally summarizes some of the effects of recent changes to the Procedures for Transportation Workplace Drug and Alcohol Testing Programs that are important for transportation employees, but it should not be relied upon to determine legal compliance with those procedures.

A study released recently by the Pew Charitable Trusts finds that eleven states were in deficit – overall spending exceeding overall revenues – for the fiscal years 2002 through 2016.  

The study looked at all revenues and spending, not just that covered by a state’s regular budget, which often excludes pensions and other special funds.  

New Jersey finds itself at the bottom of this list as well as similar rankings in this category:  the state managed to cover only a little more than 92 percent of its costs, and was in deficit in every year of the 15 in the study period.  So was Illinois, the second-worst, which covered a little over 94 percent of spending.  

The other deficit states, in alphabetical order, were California, Connecticut, Hawaii, Kentucky, Maryland, Massachusetts, Michigan, New Mexico, and New York. 

As a whole, the states averaged 102.2 percent, with some of the jurisdictions whose economies depend heavily on oil and gas coming out the best in those years:  Alaska, North Dakota, and Wyoming.  

Details on the Pew study may be seen here: http://www.pewtrusts.org/en/research-and-analysis/analysis/2017/10/26/revenue-trails-expenses-over-long-term-in-11-states?hd&utm_campaign=2017-11-01+PNN&utm_medium=email&utm_source=Pew.

Source: The State Laws Newsletter