Regulatory Alphabet Soup: HOS, ELDs/EOBRs, and More!

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Fifty-one Congressional Representatives signed a letter sent to Anthony Foxx, the U.S. Secretary of Transportation, pushing for a firm date for a field study on the 34-hour restart provision of the new HOS rule.

The law required that the study be submitted by March 31, 2013, but it was never submitted and the rule went into effect July 1, 2013 without it.

The agency did finished data collecting in July and it is expected to be published later this year. Anthony Foxx responded to the letter after Rep. Richard Hanna (R-NY), called the HOS rules “counter to commonsense.” While Foxx defended the law in his response, he noted that the study is in its “final stages of analysis”. A release date has not yet been set, though.

Some private organizations are beginning to study the effects of HOS, including the American Transportation Research Institute (ATRI). You can participate in the survey at www.atri-online.org.

ELD Rule Takes a Step Toward Reality

A draft of the FMCSA’s Electronic Logging Devices rule was sent to the White House Office of Management and Budget (OMB) in August, another step toward the rule becoming a reality. The OMB is expected to publish the draft by mid-November. The ELD rule was mandated as part of the Moving Ahead for Progress in the 21st Century (MAP-21) Act.

One side note from the new rule: the language being used in the rulemaking process now refers to “ELDs”, instead of electronic on-board recorders (EOBRs). So, if you hear the term “ELDs” thrown around now, that’s because it’s the preferred term in the regulatory environment.

In case you missed it on the Freight Talk Blog, Mike Curts has an informative piece on EOBRs, or ELDs, whatever you want to call them.

FMCSA Simplifies Carrier Registration System, Tests Remote Safety Audits

The FMCSA announced proposed changes to its registration process, including the introduction of its Unified Registration System, which brings all registrations online.

The agency hopes the new system will help it get a better handle on “chameleon” carriers that re-register with a different ID to avoid enforcement.

The changes are due to be implemented beginning October 23, 2015.

The agency is also, as of July, testing a new program that would perform required safety audits remotely.

After a carrier obtains their DOT number, the FMCSA requires an audit in the first 18 months, and that will shorten to 12 months as part of MAP-21.

Remote testing would allow the agency to target carriers deemed as high-risk for on-site inspections, while auditing low-risk carriers remotely to save time and money.

One of Five Trucks Out of Service in Roadcheck 2013

Inspections performed during Roadcheck 2013 put 24.1% of vehicles that were stopped out of service, which was up from 22.4 % in 2012.

The Commercial Vehicle Safety Alliance, which puts on the annual inspection event, said 49.6% of the violations came from brake violations, and 11.7% were for cargo securement violations.

The crackdown also put 3,000 drivers out of service; 51.8% of the driver violations were for HOS issues.

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