Restart Time Calculator, CSA to Expand Scope, Fatigue Management Resources

The Federal Motor Carrier Safety Administration recently revised their regulatory guidance regarding logging off duty. They recognized that the prior guidance did not encourage a driver to take a break and even set up an “unenforceable
performance standard” by stating that the break be long enough to ensure that the “accumulated fatigue resulting from driving will be significantly reduced.” The new guidance on off-duty is clear and concise. A driver can log off-duty if:

• They are relieved of all duty and responsibility for the care and custody of the vehicle, its accessories and any cargo or passengers it may be carrying.
• During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.

Now that the mandatory 30-minute break is in effect, will that off-duty time significantly reduce fatigue? The short answer is that although helpfull, there are many factors that contribute to fatigue.

Recently the American Transportation Research Institute unveiled a new web site devoted to fatigue management resources for motor carriers. The web site contains ten modules available as a Power Point presentation or an an on-line learning resource complete with a quiz to test the participant’s knowledge. Also included is an implementation manual which runs about 250 pages. There’s a lot of useful information as well as a lengthy discussion of sleep apnea, programs to reduce its effects, and comments from drivers who have participated in apnea screening and treatment.

There’s a great deal of information that is worth your time to explore. Once you’ve broadened your horizon it’s hard to argue that drivers don’t need a break. In fact, if the new regulation becomes part of a corporate culture to encourage not only taking a break but maintaining a healthier lifestyle, then fatigue mitigation becomes a real possibility as well as decreased crash exposure and decreased health costs.

Fatigue Management Resources

According to an analysis by the Congressional Budget Office the administration’s 2014 budget will delay the insolvency of the Highway Trust Fund. Originally the fund would have become insolvent in 2015 which is now delayed until 2021 when the fund will fall $11 billion short of expenditures. That number will more than double the following year. Needless to say the problem hasn’t been fixed, Washington has simply found a way to delay the inevitable. In fact, some have called the infusion of revenue a “hallucination”.

The budget proposes “Intragovernmental Transfers” through 2018. Basically this is money transferred from the general fund consisting in part of savings from the drawdowns in Iraq and Afghanistan. These transfers will allow the adminstration to ramp up spending by 50% without addressing the shortage of a long–term revenue stream to replenish the fund. The underlying problem is that revenues coming into the fund are basically flat as vehicles become more fuel efficient while outlays have increased as the demand for infrastructure repairs and improvements has increased.

Since the states depend heavily on financial support from the Trust Fund, many times 80% of a project is funded this way, worry about the long–term viability of the fund has states searching for alternatives to large fuel tax increases. Increased tolling and partnerships with private companies are just two of the options. This is not a new problem and it’s not likely to be resolved in the near future, but it certainly has serious implications for the trucking industry.

As part of a review of the CSA program by the Government Accountability Office (GAO) a recommendation was made that the Federal Motor Carrier Safety Administration (FMCSA)…

FMCSA’s response was to develop an outline of the steps leading to the implementation of a driver rating system. The timeline spans nine years from concept to implementation and is contingent upon availability of the necessary resources to effectively implement the program.

The initial steps include development and testing. A notice of proposed rulemaking would occur in year six with a final rule the following year. Full implementation would take place in year nine.

Although the process hasn’t started yet, it is interesting to see where FMCSA would like to take the CSA program. Eventually CSA would determine the safety fitness of motor carriers as well as individual drivers.

Last month we discussed the Federal Motor Carrier Safety Administration’s proposal for eliminating the paper copy of the medical form. One of the key components requires
medical examiners to upload medical certificates on a daily basis to state licensing bureaus who are required to post that information within 24 hours. Since that announcement both medical professionals and sate driver licensing bureaus have replied that they consider a daily upload to be problematic and costly.

Physicians are worried that they’ll be limited in the number of patients they see each day since their staff will need time to process the information and transmit it before the end of the day. States are worried about the process of posting information within 24 hours of receipt, especially if the transmission isn’t in a format they can easily utilize.

FMCSA has not stated when they intend to post a final rule regarding this.