1)This rulemaking restricts a CMV driver from holding a mobile telephone to conduct a voice communication and dialing a mobile telephone by pressing more than a single button. Hands-free use is allowed via either an earpiece or the speakerphone function of the mobile telephone.
2)Research commissioned by FMCSA shows that the odds of being involved in a safety-critical event (e.g., crash, near-crash, unintentional lane deviation) is 6 times greater for CMV drivers who engage dialing a mobile telephone while driving than for those who do not. Dialing drivers took their eyes off the forward roadway for an average of 3.8 seconds. At 55 mph (or 80.7 feet per second), this equates to a driver traveling 306 feet, the approximate length of a football field, without looking at the roadway[1].
Detailed Overview:
1)Use a hand-held mobile telephone means:
a)using at least one hand to hold a mobile telephone to conduct a voice communication;
b)dialing a mobile telephone by pressing more than a single button, or
c)reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.
·A driver of a CMV who desires to use a mobile phone while driving will need to use a mobile telephone (such as hands-free) located in close proximity to the driver that can be operated in compliance with this rule.
·The ease of “reach” or accessibility of the phone is relevant only when a driver chooses to have access to a mobile telephone while driving. Essentially, before driving the vehicle, the CMV driver must be ready to conduct a voice communication on a mobile telephone.
2)Drivingmeans operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
3)Using a hand-held mobile telephone while driving is a serious traffic violation that would result in a CDL driver being disqualified.
4)Additionally, states would suspend a driver's CDL after two or more violations of any state law on hand-held cell phone use. FMCSA expects to issue a final rule later this year.
a)The State which issues a driver their CDL will impose this disqualification whenever that driver is convicted for using a hand-held mobile while operating a CMV, 60 days for the second offense within 3 years and 120 days for three or more offenses within 3 years. In addition, the first and each subsequent violation of such a prohibition are subject to civil penalties imposed on such drivers, in an amount up to $2,750.
b)Furthermore, this rule states that motor carriers must not allow nor require drivers to use a hand-held mobile while driving. Employers may also be subject to civil penalties in an amount up to $11,000.
c)There is an emergency exception that allows CMV drivers to use their hand-held mobile telephones if necessary to communicate with law enforcement officials or other emergency services.
5)We expect the rule to have a minimal economic impact as most existing phones are compliant because they have either a speaker phone function or a wired or wireless earpiece capability.
[1] Olson, R. L., Hanowski, R.J., Hickman, J.S., & Bocanegra, J. (2009), Driver distraction in commercial vehicle operations, (Document No. FMCSA-RRR-09-042) Washington, DC: Federal Motor Carrier Safety Administration. The study is in the docket at #FMCSA-2010-0096-0016. Hickman, J., Hanowski, R. & Bocanegra, J. (2010), Distraction in commercial trucks and buses: assessing prevalence and risk in conjunction with crashes and near-crashes, (Document No. FMCSA-RRR-10-049) Washington, DC: Federal Motor Carrier Safety Administration. The study is in the docket at #FMCSA-2010-0096-0004.
WHAT'S NEW
DOT—Office of Drug & Alcohol Policy & Compliance
We want to remind everyone that use of the new Custody and Control Form will be required starting December 1, 2011.
"Be Ready. Be Buckled." – Safety Belts Save Lives The annual Commercial Motor Vehicle (CMV) Safety Belt Partnership (www.fmcsa.dot.gov/safetybelt) "Be Ready. Be Buckled." art contest for children of relatives in the truck and bus industries in grades K-6 (ages 5-12) runs through Tuesday, February 14, 2012!
The contest is held in conjunction with the American Society of Safety Engineers’ (ASSE) North American Occupational Safety and Health Week (May 6-12, 2012) celebrations aimed at increasing awareness about work safety – being safe on the job.
The "Be Ready, Be Buckled" art contest focuses on urging truck, bus and all drivers to buckle up to saves lives and reduce injuries. Children with a relationship with individuals or organizations in the trucking and bus industries can participate as per entry requirements. Artwork that best illustrates "the importance of commercial motor vehicle drivers buckling up" with the overarching message "Safety Belts Save Lives" will win the grand prizes in each of the two age categories.
There have been no new notices, proposed rule making, interim rules or final rules published in the last month. However, between now and the end of the year there should be a notice of proposed Safety Fitness determination rulemaking published, but we don’t have an exact date.
KEITH TUTTLE INDUCTED INTO HALL OF HONOR
COLUMBUS, OH, September 29, 2011 – At its annual meeting on September 26th, the Ohio Trucking Association (OTA) inducted Keith Tuttle of Northwood into its Hall of Honor. It is the highest award the association bestows upon a member.
Tuttle, who is president of Motor Carrier Service in Northwood, first joined the OTA Board of Trustees in 1995, and five years later moved into the officer ranks as secretary. In 2001 he became second vice chairman, in 2003, first vice chairman, and in 2005 he assumed the top leadership post of chairman.
After two years at the helm of OTA, he went on to serve for several years as the American Trucking Associations (ATA) vice president from Ohio, OTA’s link with the national organization.
In addition to his leadership service with OTA, Tuttle is currently serving as chairman of the ATA Small Carrier Advisory Committee, is a board member of the Toledo Trucking Association, and is treasurer on the executive committee of the Truckload Carriers Association, located in Virginia.
Motor Carrier Service, formed in 1976, currently operates approximately 82 tractors and 120 trailers for the transportation of building materials and other commodities. Earlier this year, the Truckload Carriers Association named the company one of the best fleets to drive for, based on driver nominations followed by an exhaustive interview process.
Tuttle resides in Northwood with his wife, Kathy. They are the parents of sons, Mike, Matt and Mark, and daughter, Kristin.
Carriers Alerted to Aggressive Marketing Attempts to Sell Supervisory Training for Drug and Alcohol Testing Requirements
Notice to Carriers:
In recent weeks, we have received numerous inquiries regarding companies using aggressive marketing tactics to sell supervisor training to employers who may be subject to the Federal Motor Carrier Safety Administration’s drug and alcohol testing requirements. Please note that the FMCSA is not familiar with these companies nor the training they are offering.
49 CFR §382.603 requires supervisors of CDL drivers to take 60 minutes of training on the symptoms of alcohol abuse and another 60 minutes of training on the symptoms of controlled substances use. The purpose is to qualify supervisors for determining when reasonable suspicion testing is needed.
The FMCSA does not certify trainers or training companies, nor does it pre-approve the curriculum presented. Employers are responsible for meeting the training requirement of 49 CFR §382.603 including ensuring that any training company/entity that they purchase training from provides training in the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. It is up to the employer to select which training to attend, keeping in mind the aforementioned guidelines.
Heavy Vehicle Use Tax (2290) UPDATE FROM IRS
Last week the IRS advised owners of heavy highway
vehicles that their next federal highway use tax return, usually
due Aug. 31st, will instead be due on November 30, 2011 .
Because the tax is currently set to expire on Sept. 30th, the
extension is designed to alleviate any confusion and possible
multiple filings that could result if Congress reinstates or
modifies the tax after that date. The Nov. 30th filing deadline
for Form 2290, for the tax period that begins on July 1, 2011 ,
applies to vehicles used during July as well as those first used
during August or September. Returns should not be filed and
payments should not be made prior to Nov. 1.
To aid truckers applying for state vehicle registration
on or before Nov. 30th, the new regulations require states to
accept as proof of payment the stamped Schedule 1 of Form
2290 issued for the prior tax year. Under federal law, state
governments are required to receive proof of payment of the
tax as a condition of vehicle registration. Normally, after a
taxpayer files the return and pay the tax, the Schedule 1 is
stamped by the IRS and returned to filers for this purpose. A
state normally may accept a prior year’s stamped Schedule 1
as a substitute proof of payment only through Sept. 30th.
For those acquiring and registering a new or used vehicle
during the July to November period, the new regulations
require a state to register the vehicle without proof that the
highway use tax was paid if the person registering the vehicle
presents a copy of the bill of sale or similar document
showing that the owner purchased the vehicle within the
previous 150 days.
For more information, log on to www.irs.gov/trucker or
call the excise Department at 1-866-699-4096 for all updates
about the availability of Form 2290 and 2290 e-file.
Ernst & Young honors Kim Kaplan of K-Limited
Jun 14, 201112:35 PMKim Kaplan, president and COO of K-Limited Carrier Ltd, was selected as Ernst & Young Entrepreneur of the Year in the industrial Services Category for Michigan and Northwest Ohio. Kaplan was honored June 9 at an awards dinner.
K-Limited is believed to be one of the largest known women-owned (Certified as a Women Business Enterprise) liquid bulk carrier in the United States, according to Ernst & Young officials. K-Limited is a Toledo OH-based chemical hauler with terminals in DetroitMI, ChicagoIL, and CincinnatiOH. When Kaplan was selected for the award she said: “I am extremely pleased that Ernst & Young and the judges found K-Limited and all it employees to be worthy of this recognition. Believe me, there will be some celebrating to be done! My husband, Dean and I recognize that our employees, our customers, vendors, and our business advisors have all contributed to the success of K-Limited, and we want to thank them all.” Ernst & Young Entrepreneur of the Year (EOY) awards program celebrated its 25th anniversary this year. The program has expanded to recognize business leaders in more than 140 cities and more than 50 countries throughout the world. Regional award winners are eligible for consideration for the Ernst & Young LLP EOY National Award. Award winners in several national categories, as well as the overall national Ernst & Young EOY award winner, will be announced at the annual awards gala in Palm SpringsCA on November 12.
Toledo Trucking Association Annual Scholarship Award
Ms. Jennifer Jones of Adrian, Michigan was announced as the winner of the fourth annual Toledo Trucking Association Scholarship at the TTA luncheon Thursday, April 7, 2011.
Ms. Jones was also the winner in 2010. “I was honored when I won last year,” she said, “and this year I’m humbled.” The 2010 scholarship came with an internship with K-Limited Carrier, LTD. While working there two days a week, Ms. Jones said she saw how her scholarship was supported by the hard work and volunteer efforts of members of the transportation and logistics community. “People put their time, and energy, and talent into funding this scholarship and I am so grateful to be supported by this community.”
The scholarship targets students at the University of Toledo who are planning careers in supply chain management or operations management. Ms. Jones is on target to graduate in December, 2011. “The scholarship meant that I could take classes this summer and graduate a semester earlier than I thought I could,” said Ms. Jones. “Which is handy because my oldest son is starting college the same time I graduate.” Ms. Jones is a full-time student and mother of four. In addition to her internship with K-Limited in Toledo, she also won an internship at Ford. She will commute to Dearborn for the 10- to 12-week assignment in global sourcing.
She is looking for a full-time position after graduation and is considering working for a port authority or import/export business where her minor in business law will be useful.
