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Government regulators are staying busy making new rules to regulate trucking and adding stiffer penalties and fines to enforce them. There’s more confusion in the Hours-of-Service rules, which are getting more scrutiny from the Federal Motor Carrier Safety Administration (FMCSA). Tighter limitations have been applied to diesel engine idling in a number of localities. The push continues for the use of electronic on-board recorders. And a new program has kicked off requiring truckers and others working around port facilities to carry security ID cards with computer chips that can be read remotely.

Hours of Service –
As a result of a court decision in July, a return to the old 10-hour daily driving standard was scheduled to take effect Sept. 14. But a U.S. Court of Appeals decided that the current HOS regs, which permit an 11-hour daily driving limit and 34-hour restart, will stay in place until Dec. 27. That will give the FMCSA time to reconsider the rules. In addition to resetting the hours to 10, it would have eliminated the 34-hour restart provision. An interim HOS ruling can be expected from FMCSA before the end of the year.

Idling Limitations –
Local and state governments continue their efforts to limit diesel engine idling, issuing regulations and setting fines for violating them. The American Transportation Research Institute (ATRI) keeps a close eye on these developments and updates them in a compendium at its website. Information includes maximum idle times, exemptions, fines, agency contact information and links to idling regulations. Also at the website is a condensed, one-page version in the form of a cab card, detailing idling laws across the country. You can download and print it from the ATRI website: www.atri-online.org.

Out-of-Service Orders –
Drivers caught in violation of out-of-service orders are now looking at longer CDL suspensions and higher fines since new FMCSA provisions took effect on Sept. 4. For a first violation, a driver with a non-hazmat load faces loss of the CDL for a minimum of 180 days – double the previous period. Maximum time is one year. For a first offense with a hazmat load, the violation carries a maximum of two years loss of CDL. Fines are also levied: $2,500 for the first offense. Employers of drivers who violate an out-of-service order can also be fined from $2,750 to $25,000.

Speak English –
The FMCSA has adopted a policy that can place a driver out of service who fails to meet the English-language requirement during a roadside inspection. Previously, drivers who could not respond to questions in English would only be issued a citation. By law, drivers operating in interstate commerce must be able to read and speak the English language sufficiently to converse with the general public, respond to official inquiries and make entries on reports and records. The policy change came in response to an audit report of FMCSA programs in September.

Better Buckle Up –
A new push is on to get commercial motor vehicle drivers to use safety belts while driving. While required to buckle up, only 59% of truckers do so, according to the FMCSA, which reports that 45% of truckers killed in a crash were not wearing safety belts. A new public service announcement which aims to increase safety belt use among commercial drivers was recently unveiled by FMCSA. The PSA features former NASCAR driver Rusty Wallace, who reminds drivers that they have a responsibility to drive safely and buckle up

Onboard Recorders –
The FMCSA has proposed a rule that would require mandatory installation of electronic onboard recorders (EOBRs) by carriers which have serious and continued violations of the HOS rules. The proposal would require EOBRs to use GPS or other location tracking technology and record information needed to track a driver’s duty status. The proposed rule would also encourage industry-wide use of EOBRs by providing incentives for voluntary use, including partial relief from HOS supporting documentation requirements.

I-80 Toll Road Bill –
Pennsylvania lawmakers recently passed legislation to convert heavily traveled I-80, which stretches 311 miles across the Keystone State, into a toll road. Tolls would be collected at the same rate as the Pa. Turnpike. But a new bill has been submitted that might repeal the law before the toll booths are even built. The bill argues that the money collected would not be earmarked for 1-80 and is unfair. It’s also felt that charging a toll on 1-80 would result in mass diversion of traffic to alternate routes, causing congestion and more accidents.

Port ID Program –
On Oct. 16, truckers and port workers in Wilmington, Del. became the first in the nation to enroll in the Department of Homeland Security’s Transportation Worker Identification Credential (TWIC) program. A TWIC ID card, which contains an electronic chip with biometric data about the cardholder, is required for unescorted access to secure areas of maritime facilities. The chip can be read remotely by port security. The card, which costs $132.50 for five years, will be required at more ports as the program continues to roll out. The TWIC program could also be extended to non-maritime transportation modes.