FMCSA REGULATORY UPDATE Brandon K Wiseman FMCSA Statement

FMCSA REGULATORY UPDATE Brandon K. Wiseman

FMCSA Statement On Significant Rulemaking for 2017 “As DOT rulemakings are being evaluated in accordance with Executive Orders 13771 and 13777, the schedules for many ongoing rulemakings are still to be determined, so we will not post an Internet Report for the month of March. ” 2

FMCSA Regulatory Agenda Subject Status Comments Due Electronic Logging Devices (“ELDs”) Final Rule Closed December 18, 2017; December 16, 2019 (for AOBR replacement) Entry-level driver training Final Rule Closed May, 2020? (currently delayed due to regulatory freeze) Drug & Alcohol Clearinghouse Final Rule Closed January 6, 2020 Withdrawn N/A Heavy Vehicle Speed Limiters NPRM Closed N/A Sleep Apnea ANPRM N/A Carrier Safety Fitness Determinations (“SFD”) 3 Compliance Date Unknown

Electronic Logging Devices Effective December 18, 2017, all drivers currently subject to records-of-duty-status requirements (with a few exceptions) must begin using ELDs. 4

Electronic Logging Devices • OOIDA v. USDOT (Oct. 31, 2016) • 7 th Circuit Court of Appeals denies OOIDA’s petition to review FMCSA’s ELD rule • The rule is not arbitrary or capricious, nor does it violate the Fourth Amendment • Petition for en banc review denied; Petition for writ of certiorari filed April 11 th 5

Electronic Logging Devices • December 18, 2017 compliance deadline • Carriers can continue using grandfathered AOBRs until December 16, 2019 6

Electronic Logging Devices • Exemptions • Drivers who complete RODS fewer than 8 days in any 30 day period • Driveaway-towaway operations • Vehicles of model years earlier than 2000 7

Electronic Logging Devices • Minimum ELD capabilities • Integral synchronization • Recording location • Graph grid display • Data transfer • Tamper resistance • Sensor failure and edited data 8

Electronic Logging Devices • Supporting Documents • Carriers must retain up to 8 supporting documents for every 24 -hour period • “Supporting documents” list driver’s name or ID number, date, time, and location (e. g. , fuel records, toll receipts, GPS, trip sheets, dispatch records, payroll) 9

Electronic Logging Devices • Privacy/driver harassment • ELD must have “mute” function • GPS location captured during personal conveyance must be larger area • Drivers must certify carrier edits • Drivers must have access to logs for six months 10

Electronic Logging Devices FAQs • Portable devices are permissible but must be mounted in fixed position during operation • Rented/leased vehicles are not exempt • Grandfathered AOBRs can be used (and transferred among fleet) through Dec. 16, 2019, BUT any new devices purchased and installed after Dec. 18, 2017 must be ELDs 11 • At roadside, drivers must be able to present the display or printout to officer upon request, in addition to data transfer • Drivers must carry at least 8 blank logs in case of ELD malfunction • Carrier has 8 days to replace malfunctioning ELD device

Entry-Level Driver Training Effective May 2020 (? ), applicants for CDLs and CDL upgrades will be required to obtain training from a certified training provider in order to take the skills test. 12

Entry-Level Driver Training • Current requirements (49 CFR Part 380) • Applicable to CDL drivers with < 1 year driving experience • Carrier-employers responsible for ensuring drivers are trained in four areas: driver qualification, HOS, driver wellness, whistleblower protections • Must be documented in drivers’ DQ file 13

Entry-Level Driver Training • New requirements (81 Fed. Reg. 88, 732) • Applicable to those applying for CDL; CDL upgrade; or S/P/H endorsements after compliance date • Must complete training to take skills test • Certified training providers 14

Entry-Level Driver Training Theory Component • Classroom instruction covering various topics depending on the CDL class/endorsements sought • No minimum number of hours, but… • Trainees must demonstrate understanding by achieving a minimum score of 80% on written assessment 15 Behind-the-Wheel (BTW) Component • Range/public roadway training in representative vehicle for CDL class or endorsement sought • No minimum number of hours, but satisfactory completion is based on training instructor’s assessment of each trainee

Entry-Level Driver Training • Training Providers • Must self-certify they meet curricula and facility requirements to be listed on FMCSA’s Training Provider Registry • Can be dedicated schools, motor carriers, state agencies, etc. • Instructors must meet minimum standards (e. g. , two years’ worth of relevant driving experience, holds same or higher class CDL/endorsements as the one for which training is being provided) • Will upload training certificates to the Training Provider Registry within two business days after completion of training 16

Heavy Vehicle Speed Limiters FMCSA/NHTSA have proposed the installation and use of speed limiting devices in commercial vehicles weighing 26, 000 lbs. and greater. 17

Heavy Vehicle Speed Limiters • Applicability • All vehicles (trucks, buses, etc. ) manufactured after effective date of the rule with a GVWR of more than 26, 000 lbs. • Agencies requested comments on whether to require retrofitting (or activation for vehicles already equipped) • Speed limiting requirements • Device must be set to a speed not greater than the one specified in final rule (agencies are evaluating 60, 65, and 68 MPH) 18

Transportation & Logistics Hiring Reform Act On March 16, 2017, Rep. John Duncan (TN) introduced H. R. 1568, aimed at circumscribing shipper/broker liability for negligently hiring a motor carrier. Seeks to establish national hiring standard that only entails verifying carrier’s operating authority, insurance, and safety rating. 19