Southern Service Center Regional Emergency Declaration Under 49 Cfr § 390.23 No. 2018-008

Federal Motor Carrier Southern Service Center
Safety Administration 1800 Century Blvd., Ste. 1700
Atlanta, GA 30345

October 9, 2018

REGIONAL EMERGENCY DECLARATION UNDER 49 CFR § 390.23
No. 2018-008
ALABAMA, FLORIDA, GEORGIA, LOUISIANA, MISSISSIPPI, NORTH CAROLINA, SOUTH CAROLINA, TENNESSEE

In accordance with the provisions of 49 CFR § 390.23, the Regional Field Administrator for the Federal Motor Carrier Safety Administration’s (FMCSA) Southern Service Center, hereby declares that an emergency exists that warrants issuance of a Regional Emergency Declaration and an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted by this Emergency Declaration. Such emergency is in response to Hurricane Michael, and its anticipated effects on people and property, including the immediate threat to human life or public welfare from high winds, heavy rains, high surf, storm surge and flooding. Affected States and jurisdictions included in this Emergency Declaration are: Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee. This Emergency Declaration is needed to address anticipated emergency conditions in the Affected States and jurisdictions creating a need for immediate transportation of supplies, equipment and persons, and provides necessary relief.

By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States and jurisdictions in direct support of relief efforts related to Hurricane Michael are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations except as restricted herein.

This Emergency Declaration provides for regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts transporting supplies, equipment, fuel and persons into and from the Affected States and jurisdictions or providing other assistance in the form of emergency services during the emergency in the Affected States and jurisdictions from Hurricane Michael. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not directly supporting the emergency relief effort or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. 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 without complying with Parts 390 through 399. However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier’s terminal or the driver’s normal reporting location. Once the driver has returned to the terminal or other location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.
Nothing contained in this 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), the hazardous material regulations (49 CFR Parts 100-180), applicable size and weight requirements, or any other portion of the regulations not specifically authorized pursuant to 49 CFR § 390.23.

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.

In accordance with 49 CFR § 390.23, this 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), November 9, 2018, whichever is less.

Darrell L. Ruban, Regional Field Administrator
Federal Motor Carrier Safety Administration
Southern Service Center

NH DOT Projects

Night Paving On NH Route 102 In Londonderry

October 3, 2018

Night paving work is scheduled to begin the night of Sunday, October 7, 2018 on NH Route 102 in Londonderry.

Blasting Work Planned On NH Route 101 Project In Bedford

October 2, 2018

Blasting work is expected to begin Thursday, October 4, 2018 on the NH Route 101 widening project in Bedford.

Bridge Repairs On NH Route 49 In Thornton

October 2, 2018

Bridge repairs are scheduled to begin on Monday, October 8, 2018 on the NH Route 49 bridge over Mad River in Thornton.

Sidewalk And Facility Work At The Canterbury Rest Area On I-93

October 2, 2018

Sidewalk and facility improvement work at the Canterbury Rest Area off of Interstate 93 northbound is planned for Monday, October 8 through Thursday, October 11, 2018, with no public access to the Canterbury Rest Area during this four day period.

 

NJ’s Still At It!

ATA contact: Bob Pitcher, rpitcher@trucking.org.

We’re getting reports again of trucks being held up (and we use that term advisedly) at weigh stations and rest areas in New Jersey by agents of the state’s division of taxation, who demand payment of the New Jersey corporate income tax if the carrier isn’t already registered for the tax with the state. 

Commonly, we understand, the division questions a truck driver on whether he’s making a pick-up or delivery in the state, and, if he is, how long the carrier has been doing business in New Jersey. If the carrier doesn’t do any pick-ups or deliveries, the truck can go on its way. But if the state learns the carrier does even minimal business in the state, and is not registered to pay the income tax, it issues an assessment on the spot, generally for $1,000 per year the activity has gone on – and doesn’t let the truck continue until the carrier wires the money. 

New Jersey has been doing this for at least 20 years now and has snared thousands of carriers, but there are always some that haven’t gotten the word and suffer for it. Is this a burden on interstate commerce? Of course it is! But quite possibly it’s legal. 

So if you do any pick-ups or deliveries in New Jersey, be warned. If you register to file and pay the corporate income tax, the tax is likely to be small (though the accountant’s fee for filling out the return may be substantial), but the consequences of getting caught in the state without registering could be nasty.

DOT Physical Forms and Reports Changing

DOT Physical Forms and Reports Changing

The DOT Medical Examiner’s Certificates and Forms have changed effectively immediately.

The medical examiners certificate (exp 8/31/2018) can no longer be used by certified medical examiners when completing the DOT physical. After today, physicians can only use the 9/30/2019 expiration date cards. 

The only element that changed on the new card and report is the expiration date, all other pieces and places for information remain the same.

The 9/30/19 new MEC form (Form MCSA-5876) can be accessed using this link.

The 9/30/19 new MER form (Form MCSA-5875) can be accessed through the same above link.

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NHMTA FMCSA DOT Medical Examiner’s Certificate and Form Updates

Dear Member,

We have just been informed that the DOT Medical Examiner’s Certificates and Forms have changed effectively immediately.

The medical examiners certificate (exp 8/31/2018) can no longer be used by certified medical examiners when completing the DOT physical. After today, physicians can only use the 9/30/2019 expiration date cards. 

The only element that changed on the new card and report is the expiration date, all other pieces and places for information remain the same.

The 9/30/18 new MEC form is attached as a pdf fill-in form. (Form MCSA-5876). You can also access the form using this link.

The 9/30/18 new MER form (Form MCSA-5875) can be accessed through the same link below.

NEW – MEC Form MCSA-5876

 

 

Training Reminders

IFTA Training, September 7, 2018, 10:00am – 11:00am

Pre-trip and Maintenance, September 13, 8:30am – 12:30pm

Maintenance and CSA Scores, September 24, 2018, 9:00am – 12:00pm

How to Survive a DOT Audit, September 27, 8:00am – 12:00pm

Reasonable Suspicion, September 27, 12:30pm – 3:30pm

Hazardous Materials, October 11, 8:30am- 12:30pm

CMVR Driver Refresher, October 18, 8:00am – 12:00pm

 

NHMTA Annual Meeting, December 6, 2018

Navigate to the “Events” Tab for more information and to print out registration forms.

Reminder: Break Safety Week takes place October 16 – 22, 2018

June 18, 2018

CVSA-certified enforcement personnel will conduct roadside inspections on commercial motor vehicles (CMVs) as part of the Commercial Vehicle Safety Alliance’s (CVSA) Brake Safety Week, Sept. 16-22, in order to identify and remove CMVs with critical brake violations from our roadways and to call attention to the dangers of faulty brake systems.

Properly functioning brake systems are crucial to safe CMV operation. Brakes must be routinely inspected and carefully and consistently maintained so they operate and perform to the manufacturer’s specifications throughout the life of the vehicle. Improperly installed or poorly maintained brake systems can reduce braking efficiency, posing serious risk to public safety on our roadways.

Data and research are clear:

  • According to the U.S Department of Transportation’s Federal Motor Carrier Safety Administration’s Large Truck Crash Causation (LTCC) Study, 32.7 percent of large trucks with pre-crash violations had brake problems.
  • Brake-related violations comprised the largest percentage of out-of-service vehicle violations cited during last year’s International Roadcheck.
  • The LTCC Study’s relative risk analysis indicated that large trucks involved in a crash where the braking capacity of the truck was critical were 50 percent more likely to have a brake violation than were trucks involved in crashes where the truck’s braking capacity was not critical.
  • According to the LTCC Study, of the trucks involved in brake-critical crashes, 45.5 percent had brake violations, compared with 29.9 percent of trucks involved in crashes of the same type where the braking was not relevant.
  • Results from last year’s Brake Safety Day found that 14 percent of all inspections conducted during that one-day brake safety initiative resulted in a CMV being placed out of service for brake-related violations.

Brake Safety Week aims to reduce the number of crashes caused by poorly maintained braking systems on CMVs by conducting roadside mechanical fitness inspections and removing dangerous vehicles from our roadways.

In addition to inspections and enforcement, outreach efforts by law enforcement agencies to educate drivers, mechanics, owner-operators and others on the importance of proper brake maintenance, operation and performance are integral to the success of the safety initiative.

During Brake Safety Week, inspectors will primarily conduct the North American Standard Level I Inspection, which is a 37-step procedure that includes an examination of driver operating requirements and vehicle mechanical fitness. Inspections conducted will include inspection of brake-system components to identify loose or missing parts; air or hydraulic fluid leaks; defective rotor conditions; measurement of pushrod travel; mismatched air chamber sizes across axles; air reservoir integrity and mounting; worn linings, pads, drums or rotors; required brake-system warning devices; and other brake-system components. Vehicles with defective or out-of-adjustment brakes will be placed out of service.

In addition, in the 12 jurisdictions using performance-based brake testing (PBBT) equipment, vehicle braking efficiency will be measured. PBBTs measure the cumulative brake force for the entire vehicle and divide it by the total vehicle weight to determine overall vehicle braking efficiency. The minimum braking efficiency for trucks is 43.5 percent, required by 393.52 of the U.S. Federal Motor Carrier Safety Regulations and the CVSA North American Standard Out-of-Service Criteria.

Brake Safety Week is part of the Operation Airbrake Program, sponsored by CVSA in partnership with the Canadian Council of Motor Transport Administrators and the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration.

FMCSA Seeks Public Comment on Revising Current Hours-of-Service Regulations for Interstate Truck Drivers

Areas under consideration for revision include short-haul operations, adverse driving conditions, 30-minute break, and split sleeper-berth

 

 

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today announced that it is seeking public comment on revising four specific areas of current hours-of-service (HOS) regulations, which limit the operating hours of commercial truck drivers.

 

The upcoming Advanced Notice of Proposed Rulemaking (ANPRM) https://www.fmcsa.dot.gov/regulations/hours-service-advanced-notice-proposed-rulemaking, which will be published in the Federal Register, responds to widespread Congressional, industry, and citizen concerns and seeks feedback from the public to determine if HOS revisions may alleviate unnecessary burdens placed on drivers while maintaining safety on our nation’s highways and roads.  The comment period will be open for 30 days.

 

The four specific areas under consideration for revision are:

 

·       Expanding the current 100 air-mile “short-haul” exemption from 12 hours on-duty to 14 hours on-duty, in order to be consistent with the rules for long-haul truck drivers;

·       Extending the current 14-hour on-duty limitation by up to two hours when a truck driver encounters adverse driving conditions;

·       Revising the current mandatory 30-minute break for truck drivers after 8-hours of continuous driving; and

·       Reinstating the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks that are equipped with a sleeper-berth compartment.

In addition, the ANPRM seeks public comment and relevant data on two recently submitted petitions requesting regulatory relief from HOS rules (1) pertaining to the 14-hour on-duty limitation (filed by the Owner-Operators Independent Drivers Association) and (2) pertaining to the 10-hour off-duty requirement (filed by TruckerNation).

 

Earlier this year, the congressionally mandated electronic logging device (ELD) rule, which required most FMCSA-regulated motor carriers to convert their records from paper to an electronic format, became effective. While compliance with the ELD rule has reached nearly 99 percent across the trucking industry, it has also brought focus to HOS regulations, especially with regard to certain regulations having a significant impact on agriculture and other sectors of trucking.

 

Additional information on the ANPRM, including how to submit comments to the Federal Register docket, is available at https://www.fmcsa.dot.gov/regulations/hours-service-advanced-notice-proposed-rulemaking

 

The first in a series of public listening sessions on the ANPRM will take place Friday, August 24, 2018, in Dallas, Texas, at the Kay Bailey Hutchinson Convention Center beginning at 3:00 p.m. local time.  Further information is available at https://www.fmcsa.dot.gov/event/public-listening-session-hours-service.

 

Information on current HOS regulations is available at https://www.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations.

 

Information on electronic logging devices (ELDs) carried on-board long-haul trucks and used by commercial vehicle enforcement officers to check compliance with HOS regulations is available at https://www.fmcsa.dot.gov/hours-service/elds/electronic-logging-devices.

 

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