From:                              Idealease <davehelge@idealease.com>

Sent:                               Friday, December 19, 2014 5:44 PM

To:                                   mchapman@tricotruck.com

Subject:                          [Blacklisted Sender] Idealease Safety Bulletin - Obama Signs Bill into Law that Reverts HOS 34-hour Restart Back to Prior Version

 

 

Idealease Safety Bulletin

 

 

 SAFETY BULLETIN 

 

 

Brought to you by Idealsafe | 847-304-3190 | www.idealease.com

 

 

Obama Signs Bill into Law That Reverts HOS 34-Hour Restart Back To Prior Version


President Obama signed the FY 2015 Omnibus Appropriations bill into law late on December 16, 2014. Language in the legislation immediately prohibits the enforcement of the 34-hour restart restrictions as currently written in Section 395.3 of the Federal Motor Carrier Safety Regulations. As a result, the Federal Motor Carrier Safety Administration (FMCSA) is forced to revert back to the pre-July 2013 provisions for use of the restart even though the agency is not ordered to change the actual regulation.

 

The new law will remain in effect until September 30, 2015, or until the FMCSA completes a study involving the use of real drivers in their natural environment, not in a lab. FMCSA is mandated to begin the study within 90 days of the law taking effect.

 

FMCSA has indicated it is preparing a Federal Register Notice to advise the public that it is suspending enforcement of the restart restrictions. FMCSA also stated it is working with state and federal motor carrier enforcement personnel to ensure a smooth transition back to the prior version of the 34-hour restart.

 

With all that said the signed law suspends the restrictions imposed on drivers using the 34-hour restart: requiring two periods between 1:00 a.m. and 5:00 a.m., and limiting the use of the restart to once every 168 hours.


All other parts of the 34-hour restart regulation remain in place as well as the rest of the Hours of Service regulations.

 

 

Time to Finalize Your Accident

Documentation for 2014


 
All motor carriers operating CMV's over 10,000 lbs MGVWR, transporting HM in placardable quantities or transporting passengers are required to record accidents on a register by calendar year. Even if no accidents were incurred by the motor carrier, an accident register is required.

 

First, we need to establish the definition of an accident.   According to the Federal Motor Carrier Safety regulations the definition of an accident is as follows:

 

An occurrence involving a commercial motor vehicle (>10,000 lbs MGVWR, HM or Passengers) operating on a highway in interstate or intrastate commerce which results in:

  1. A fatality;
  2. Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident. 
  3. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.

The term accident does not include: 

  1. An occurrence involving only boarding and alighting from a stationary motor vehicle.
  2. An occurrence involving only the loading or unloading of cargo.

When an accident by the definition above occurs, the accident is required to be recorded on an accident register with the following

information on the register: 

  1. Date of accident.
  2. City or town, or most near, where the accident occurred and the State where the accident occurred.
  3. Driver Name.
  4. Number of injuries.
  5. Number of fatalities.
  6. Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident were released.

Motor carriers are required by regulation to maintain an accident register for three years after the date of each accident.

 

In addition to the register, the motor carrier is required to maintain copies of all accident reports required by State or other

governmental entities or insurers. The accident register is not required to be sent to the FMCSA or State, but kept as part of your record keeping for the FMCSA to review during a compliance review.

 

As a "Best Practice" it's recommended that the motor carrier maintain two accident registers by calendar year:

  1. DOT recordable accidents only
  2. Non-DOT Recordable accidents.

The reasoning behind this practice is to provide the FMCSA on the information requested in a compliance review, and no more. By having a second register with all accidents and incidents recorded the motor carrier can actively perform analysis of the losses and implement training to proactively reduce the frequency. Accident registers can be kept electronically with a hard copy printed for the FMCSA upon request.

 

Useful Website: http://www.actar.org

 

This website is provided by the Accreditation Commission for Traffic Accident Reconstruction and will provide you state and province accident report forms(Blank) and overlay code sheets to interpret accident report forms that you have received from law enforcement

agencies. Go to the website and click on Crash Reports and Overlay Forms.

 

 

FMCSA Announces Intention to Establish a Negotiated Rulemaking Committee on Minimum Training Requirements for Entry-Level

Commercial Drivers

 

FMCSA Announces Intention to Establish a Negotiated Rulemaking Committee on Minimum Training Requirements for Entry-Level Commercial Drivers.  The Federal Motor Carrier Safety Administration (FMCSA) has announced through a Federal Register notice that the agency is seeking comment from commercial driver and training organizations, truck and bus associations, motor carriers, state licensing and law enforcement agencies, labor unions, safety advocacy groups, insurance companies, and the public on recommendations for membership to a negotiated rulemaking committee on minimum training requirements for entry-level commercial drivers.  

 

The Moving Ahead for Progress in the 21st Century Act (MAP-21) directs FMCSA to establish minimum training requirements for individuals seeking to obtain an intrastate or interstate commercial driver's license (CDL) and become a professional truck or bus operator.  

 

In August 2014, FMCSA announced by notice in the Federal Register that it had retained a neutral convener, and was exploring the possibility of proceeding with a negotiated rulemaking.  The convener interviewed stakeholders and has recommended proceeding with a negotiated rulemaking.  The convener's report is available is here.

 

The negotiated rulemaking committee will examine minimum training requirements, including length of classroom instruction and behind-the-wheel experience, accreditation versus certification of CDL training programs and schools, curricula for passenger, property and hazardous materials carriers, instructor qualifications, as well as other areas.  

 

With the Federal Register notice, FMCSA is soliciting nominations for members of the negotiated rulemaking committee.  

 

The agency seeks to ensure a wide range of candidates are considered to achieve a balanced committee.  Persons who will be significantly affected and believe their interests will not be represented on the proposed committee are encouraged to nominate themselves or another person.  

 

A copy of the Federal Register notice is available at: 

 

https://www.federalregister.gov/articles/2014/12/10/2014-28919/minimum.

 

 

December 19, 2014

 

 

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Idealease would like 

to wish all of you a Safe and Joy filled Holiday Season and a Prosperous New Year! 

 



 

You will receive your next Idealease Safety Bulletin on

January 9, 2015.

 

 

Have You Prepared your Terminal Facility for Upcoming Holidays?

 

With two upcoming long holiday weekends it is not uncommon for thieves to target truck terminals and truck dealerships over the holidays. Thieves know it is a good opportunity for a successful theft as the possibility exists for no one to be at the facility. Make sure that you take extra precaution to secure the trucks and items of value at your facility. If your units do not have anti-siphon devices or locking caps, instruct the drivers not to fill the units at the end of the day. Make sure that all security alarms and cameras are in working order. Walk the perimeter of the lot to make sure that security fencing is in good condition. Move units and all other material such as pallets, tires, etc far enough away from the fence so they cannot be used to climb on to get over the fence. Review your security lighting to make sure it is operational and adequate. Lighting can be obstructed by vehicles or trees allowing a thief a place to be unseen. Consider blocking the entrance and exits to the lot so units cannot be stolen. Throughout the three day weekend assign management personnel to check the terminal randomly. Notify local law enforcement officials of your hours of operation over the holidays so they know when to expect activity at your location. Using a little prevention and common sense can deter a thief from striking your facility and disrupting your business!

 

 



 

Registration is Now Open Online for the 2015 Idealease/NPTC Safety Seminars!

 

Idealease, its members and the National Private Truck Council NPTC will again be hosting safety seminars in 2015. The one day seminars this year will focus on basic safety and compliance, regulation changes and CSA.  The seminars and will be provided to all Idealease customers, potential customers and NPTC members at no charge.  The seminar provides important information applicable for both the novice and experienced transportation professionals. To register for an upcoming seminar in 2015 CLICK HERE

 

 

2015 Idealease Safety Seminar Schedule:

 

March 4

Portland, OR

March 5

Seattle, WA

March 17

Chattanooga, TN

 March 18

Atlanta, GA

March 19

Nashville, TN

March 24

Houston, TX

March 25

Lafayette, LA

March 26

Mobile, AL

March 31

Kansas City, MO

April 1

St. Louis, MO

April 2

Memphis, TN

April 7

Cincinnati, OH

April 8

Columbus, OH

April 9

Elkhart, IN

April 14

Linden, NJ

April 14

Phoenix, AZ

April 15

San Leandro, CA

April 16

Lodi, CA

April 21

Santa Fe Springs, CA

April 21

Harrisburg, PA

April 22

Ventura, CA

April 22

Landover, MD

April 23

Baltimore, MD

April 28

Oklahoma City, OK

April 30

Milwaukee, WI

May 5

Kelowna, BC

May 6

Lexington, KY

May 7

Denver, CO

May 12

Tampa, FL

June 25

Santa Rosa, CA

October 22

San Martin, CA

 

 

 

 

The Idealease Safety Bulletin is provided for Idealease affiliates and their customers and is not to be construed as a complete or exhaustive source of compliance or safety information. The Idealease Safety Bulletin is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standards.

 

 

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