Compliance and Regulatory Update: May, 2018

Final Rule on Electronic Documents | Medical Certification Changes Delayed | Road Check 2018

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Compliance and Regulatory Update: May, 2018

Electronic Documents

Final Rule Effective in June

The Federal Motor Carrier Safety Administration (FMCSA) has published a final rule that allows the use of electronic records and signatures to satisfy FMCSA’s regulatory requirements. These amendments permit the use of electronic methods to generate, certify, sign, maintain, or exchange records so long as the documents accurately reflect the required information and can be used for their intended purpose.

This rule applies only to those documents that FMCSA’s regulations obligate entities or individuals to retain; it does not apply to forms or other documents that must be submitted directly to FMCSA unless there are already procedures in place in the regulations for electronic submission.

This final rule, which is effective June 15, 2018, codifies regulatory guidance that was first issued in January, 2011. Two new definitions have been added to 49 CFR 390.5:

Electronic signature means a method of signing an electronic communication that identifies and authenticates a particular person as the source of the electronic communication and indicates such person’s approval of the information contained in the electronic communication, in accordance with the Government Paperwork Elimination Act.

Written or in writing means printed, handwritten, or typewritten either on paper or other tangible medium, or by any method of electronic documentation that meets the requirements of 49 CFR 390.32.

CVSA Roadcheck

Focus on Hours of Service

This year’s annual CVSA Roadcheck is scheduled for June 5 – 7 and will focus on hours of service compliance. However, with that in mind, many of the inspections will be Level I which includes a complete mechanical check.

“The top reason drivers were placed out of service during 2017 International Roadcheck was for hours-of-service violations,” said CVSA President Capt. Christopher Turner of the Kansas Highway Patrol. “Thirty-two percent of drivers who were placed out of service during last year’s three-day International Roadcheck were removed from our roadways due to violations related to hours-of-service regulations. It’s definitely an area we need to call attention to this year.”

International Roadcheck is the largest targeted enforcement program on commercial motor vehicles in the world, with around 17 trucks and buses inspected, on average, every minute in Canada, the United States and Mexico during a 72-hour period. Since its inception in 1988, more than 1.5 million roadside inspections have been conducted during International Roadcheck campaigns.

Additional CVSA programs:

Operation Air Brake

Sept. 16-22, 2018

Operation Safe Driver

July 15-21, 2018

June 22nd Change Delayed

Paper Medical Certificates Remain

Citing ongoing problems with the National Registry web site, the Federal Motor Carrier Safety Administration (FMCSA) has announced that changes scheduled to take place in June have been delayed for three years. As a result, Medical Examiners will continue to issue paper Medical Examiner’s Certifications to drivers who pass their physical. Either the driver or motor carrier must then send that document to the state that issued the driver’s CDL. The motor carrier must then obtain an updated MVR to verify the new physical expiration date.

Tank Truck Carriers

30 Minute Break Exemption

Drivers operating under the short haul exemption (not over 100 air miles from terminal and not over 12 hours) are not required to take a 30 minute rest break after working 8 hours. The Federal Motor Carrier Safety Administration (FMCSA) has granted an exemption from the required break when the duty hours unexpectedly exceed 12. However, the driver would still be required to complete an HOS log. This exemption carries the following conditions:

It is valid from April 9, 2018 through April 10, 2023
Drivers exceeding 12 hours must return to their work reporting location and be released from duty within 14 hours of having come on duty.
This exemption is only valid when transporting:

UN 1170 – Ethanol
UN 1202 – Diesel Fuel
UN 1203 – Gasoline
UN 1863 – Fuel, aviation, turbine engine
UN 1993 – Flammable liquids n.o.s. (gasoline)
UN 3475 – Ethanol and gasoline mixture, Ethanol and motor spirit mixture, or Ethanol and petrol mixture
NA 1993 – Diesel Fuel or Fuel Oil

The motor carrier must have a “satisfactory” safety rating or be “unrated”. Carriers with “conditional” or “unsatisfactory” ratings are not permitted to utilize this exemption.
Drivers must carry a copy of the exemption document and present it upon request to enforcement officials.

Motor carriers operating under this exemption must notify FMCSA of any accident as defined in 49 CFR 390.5T within 5 business days by email (mcpsd@dot.gov). This notification must include:

Identifier of the exemption: “NTTC”
Name of the motor carrier and DOT number
Date of the accident
City or Town and State closest to the accident scene
Driver’s name and license number. Also include co-driver information if applicable.
Vehicle number and license plate number
Number of individuals suffering physical injury
Number of fatalities
The police-reported cause of the accident.
Whether the driver was cited for violation of any traffic laws or motor carrier safety regulations
The total driving time and total on-duty time prior to the accident

Authorization of the exemption is discretionary, and FMCSA can revoke the exemption of any motor carrier or driver for failure to comply with the terms and conditions of the exemption. FMCSA expects motor carriers and drivers operating under this exemption to maintain their safety records.