November 2017 Newsletter

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Compliance and Regulatory Update: November, 2017

Medical Qualification

Regulations vs. Best Practices

The federal regulations contain detailed information regarding the physical qualification of drivers. Some of the standards have very specific criteria, such as vision. For others a measure of latitude is given to the medical examiner. Finally, some conditions aren’t specifically mentioned in the regulations. A good example would be sleep apnea.

Several years ago FMCSA removed the Medical Examiner’s Handbook from its website because medical examiners were utilizing the information contained in the handbook as if it were regulations. This is what has happened with the Medical Review Board’s information regarding sleep apnea. Guidance information became mandated requirements.

Adding to the confusion is the on and off cycle of proposed apnea regulations and the possibility that there will be a rulemaking regarding evaluating diabetic drivers.

FMCSA has decided that the Medical Examiner’s Handbook has value so they’ve begun the process of revising the content. Working on this project is somewhat like a tight rope walk, it’s a balancing act between providing information and at the same time ensuring that it is utilized as “best practices” rather than converted to a regulatory absolute.

Given the normal pace of government projects we shouldn’t hope for an early publication date. However, completion of this project will hopefully clarify the situation and bring uniformity to the standards for driver qualification. In the meantime we’re left with a mixture of absolute regulations, medical examiner interpretations, Medical Review Board guidance documents, and, if nothing else applies, this portion of the regulations:

391.41(b)(5) states, “(b) A person is physically qualified to drive a commercial motor vehicle if that person . . . (5) Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a commercial motor vehicle safely.”

It would certainly be worthwhile to have a conversation with your medical provider about how they apply the regulations and handle certain situations.

Unmanned or Manned?

Autonomy vs. Driver Assist

Although no one has proposed a flying truck, there has certainly been a proliferation of ideas to “revolutionize” the motor carrier industry. One of the more intriguing and controversial is the development of autonomous driverless vehicles. However, even the much reported autonomous transportation of a load in Colorado used a driver to operate the truck from the pickup point to the interstate. The driver took over again when it was time to exit the interstate and make the delivery. Many in the industry feel that the driver isn’t going to be replaced any time soon.

Paralleling these developments is the refinement of other electronic systems meant to assist the driver in vehicle operation and control. In fact, Daimler Trucks has stated that they’re putting their development resources into driver assistance systems, not autonomous operation. So, what is a “driver assistance” system. There’s really no standard definition and many features on today’s vehicles, such as anti lock brakes, probably qualify for inclusion.

The mock ups of proposed class 8 vehicles have taken on a decidedly space age appearance. The proliferation of electronics will increase and cameras may even replace rear view mirrors. This will put the driver squarely in the seat scanning data inputs and interacting with various systems.

One important point about these systems is that many are designed to take action only if a critical event is imminent, such as a rollover or a rear end crash. For the foreseeable future he driver will remain critical to the safe operation of the vehicle. As such, ongoing driver training will take on increased importance.

The proliferation of electronic systems in trucks makes it possible for motor carriers to get a real-time snapshot of not only where the vehicle is but how it is being operated. Data such as hard braking events can reveal undesirable driver habits that could lead to a crash. This is clearly an opportunity for motor carriers to add value to their safety programs by integrating continuous mentoring and improvement into their safety initiatives.

ELD Exemption Granted

Covers Rented Trucks

This limited exemption provides that all drivers of property carrying commercial motor vehicles rented for 8 days or less are not required to use an ELD to record hours of service. While operating under this exemption drivers are still subject to the hours of service and must maintain a paper record of duty status if required. In addition a copy of the rental agreement must be in the vehicle.