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Distracted Driving Not Just Texting | Diabetes Regulation Relaxed | Regulatory Agenda Balance 2015

Newsletter Update

National Transportation Consultants
eNews
National Transportation Consultants
June, 2015

Distracted Driving – Not Just Texting
Distracted Driving
Is It Just Texting?

On a clear dry morning an Indiana trucker who was “messing with the radio” drifted off I-65 in Indianapolis, IN, and collided with an abandoned car on the shoulder. The driver escaped unharmed but the tractor and trailer were destroyed by fire. Firefighting efforts were hampered by the fact that the trailer was loaded with 17,000 pounds of hazardous potassium hydroxide.

Most of the awareness programs and legislation designed to combat distracted driving have focused on the use of electronic devices. This accident makes it clear that distraction comes in many forms and can be as routine as tuning a radio.

It’s really not what you’re doing but the length of time that your attention is diverted from the task of driving. This driver was in a 55 mph zone. At that speed the truck traveled 80 feet each second. Divert your attention for 3 seconds and the truck travels nearly the length of a football field. In this situation the driver was totally unaware that he was drifting out of his lane and onto the shoulder.

In view of this crash it seems prudent to revise your distracted driving message to drivers. It’s important to talk about the dangers of texting or looking up a number on a cell phone to place a call. However, the message should be expanded to include anything that diverts attention from the task of maintaining situational awareness.

Drivers should be cautioned to recognize situations that can lead to inattention and immediately refocus on traffic. This particular crash could have had far more serious consequences. Fortunately the driver escaped and the car was unoccupied.

Medical Update
Exemption To Be Sidelined
Proposal For Drivers With Diabetes

Under the current regulations, a driver with insulin-treated diabetes mellitus (ITDM) may not operate a commercial motor vehicle in interstate commerce unless the driver obtains an exemption from FMCSA, which must be renewed at least every 2 years. FMCSA proposes to allow individuals with well-controlled ITDM to drive in interstate commerce if:

They are examined at least annually by a Medical Examiner (ME) who is listed in the National Registry and the ME issues a Medical Examiner’s Certificate

The driver is otherwise physically qualified

In addition, the driver must be evaluated at least annually by his or her doctor. That evaluation would ensure that the driver is complying with an appropriate standard of care for individuals with ITDM and would allow the doctor to monitor for any of the progressive conditions associated with diabetes (e.g., nerve damage to the extremities, diabetic retinopathy, cataracts and hypoglycemia unawareness). The Medical Examiner must obtain information from the driver’s doctor to demonstrate the driver’s condition is stable and well controlled.

This change is a proposal at this point and is open for comments. It’s not clear when a final rule may be published.

Regulatory Update
Regulatory Schedule Update

Predicting when regulations will be published is always a moving target and the regulatory actions put forth by FMCSA are frequently delayed. Here are FMCSA’s latest predictions:

Electronic Logging Devices:

A Final Rule should be published in late September or early October. Mandatory compliance will be required two years after publication. The rule is currently being reviewed by the Office of Management and Budget.

Speed Limiters:

Publication of a Proposed Rule mandating the use of speed limiters is expected in late August. FMCSA has not released the governed maximum speed but the ATA has asked for 65 mph.

Safety Fitness Determination:

A Proposed Rule is expected in September. This rule will attract major attention since it redefines how safety ratings are arrived at. The current method of determining a motor carrier’s safety rating after an on-site inspection will be replaced by a rating generated from CSA data. Motor carriers will then have scores in each BASIC and also an overall safety rating.

Drug and Alcohol Test Results Clearinghouse:

The Final Rule rule establishing a national database of drivers who have failed or refused a drug or alcohol test should be published in December.

Entry Level Driver Training:

A Proposed Rule outlining training requirements for entry-level drivers should be published in October. This rulemaking will be the product of a committee of industry and government stakeholders as part of a negotiated rulemaking agreement.

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