Regulations - Do You Know What's New and What's Being Planned? By Carmen DaecherThe trucking industry is tussling with new hours of service rules. Fortunately, the bus industry can continue to use the same hours of service rules that we've used for many, many years. But are you familiar with other regulatory changes and proposed regulations that will affect you? If not, you had better get up to speed! As of September 30, 2003 there are new hypertension medical criteria which will have an impact on driver medical qualifications. There are now three stages of hypertensions that can trigger disqualifications or more frequent requalifications of drivers. Now, if a driver has blood pressure readings between 140 to 159 and between 90 to 99, they will be issued an annual certification. After that, if they continue to have readings above 140 or above 90 but below 160 and 100, then they will be issued a one time, 3 month recertification, during which they must have their hypertension treated so that it remains at or below 140/90. If, after three months, blood pressure readings are above 140/90 the driver is disqualified until he/she receives appropriate treatment to control it at 140/90 or below. Then, they will be recertified on an annual thereafter. If a driver's blood pressure is 160 to 179 over 100 to 109, the person will be issued a one time 3 month certification. Once he/she receives appropriate treatment to control the blood pressure at 140/90 or less, they will be issued a one year certification from the date of the initial exam, and thereafter be recertified on an annual basis as long as their blood pressure remains at or below 140/90. If a person has blood pressure readings above 180/110, they are disqualified until they are treated and their blood pressure remains at 140/90 or less. They will then be given a six month certification from the date of the initial exam and will be recertified every six months thereafter. New driver physical forms have been issued by DOT which include the explanations about blood pressure readings and appropriate restrictions. Make sure your doctors have these forms. Go to the DOT website at http://www.fmcsa.dot.gov/safetyprogs/spe_pdfs/Medical_Report.pdf to get the updated form. A notice of proposed rule making was issued last year concerning driver qualification. The rule proposes that motor carriers maintain an accident log for three years rather than for one year as currently required. The rule also proposes that previous employers provide information regarding positive drug test or refusals to test for the previous three years from the date of application by a driver to a prospective employer. Specific information must be requested by the prospective employer as a background check according to the proposed rule. Information confirming dates of employment, previous accident history, and previous drug/alcohol test information will now be required. Furthermore, the proposed rule requires that previous employers respond and provide the specific information. Certain safeguards are proposed for responding employers. The commentn period for the proposed rule has long passed. It is not clear when FMCSA plans to adopt such a rule; however, all indications are that FMCSA will adopt a rule that will be more specific about information required to be obtained for prospective drivers by a motor carrier. For more on this proposed rule go to http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/pdf/03-18137.pdf. The Federal Motor Carrier Safety Administration also issued a proposed rule concerning new entrant driver training. This rule proposes that every CDL licensed driver, driving a commercial vehicle for a motor carrier, who has less than two years of experience must receive certain training. The training specified in the proposed rule is:
The proposed rule requires the hiring motor carrier to provide this training to a driver. Once a driver receives this training, a certificate must be issued to the driver, and a copy must be kept by the motor carrier. The driver can use this certificate for future employment with other motor carriers so that retraining on these topics will not be required by subsequent employing motor carriers. Of course, if a driver cannot provide his certificate, then the training will be required. When this rule is implemented, a grandfather clause is proposed for drivers with more than one year of experience with a good driving record. They will receive a certificate grandfathering them from this training. This certificate will be sufficient for them to provide to motor carriers which employ the driver in the future to insure the motor carrier that the driver does not need to receive this training. The FMCSA estimates that this training will take approximately 10.5 hours; however, no minimum time requirement is part of the proposed rule. If you want to know more about the rule, go to http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/pdf/03-20888.pdf. The new qualifications standard for blood pressure will affect every motor carrier. Either drivers will no longer be qualified or many additional drivers will need more frequent medical requalifications. Higher turnover and costs can be the result. The proposed driver qualification rules should not significantly impact a motor carrier's operations. The only significant difference from what currently is expected to be done will be to maintain an accident register for three years. The exchange of previous employment information should take no more time than it did before. The entry level driver training will take more time, even though some of the topics are usually already covered with new drivers, such as log procedures and drug and alcohol information. Furthermore, there are videos and other training materials available for many of the topics that must be covered, and especially in the area of driver wellness and drugs and alcohol. Whistle blower information for drivers is not a normal piece of training and will most likely have to be developed by you for presentation if this rule is adopted by the Federal Motor Carrier Safety Administration. With a mandate from congress regarding entry level training for drivers, you can expect a rule such as the one proposed soon. The period for comments regarding this proposed rule has passed. Still, feel free to share your thoughts with the Federal Motor Carrier Safety Administration by going to the following web location to review the rule and find the appropriate place to send comments http://www.regulations.gov/. If you have any questions regarding these new or proposed regulations, contact The Federal Motor Carrier Safety Administration. Or feel free to contact us at the Daecher Consulting Group. We will be glad to try to answer any questions you have. Because, from where I'm sitting, these rules and proposed rules will affect you. So make sure you understand them and are prepared for them so that you can continue to comply with the rules and effectively manage your operations. *** Click here to visit the DDC USA Fleet training web site ***
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